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2000 Supreme(Guj) 445

D.C.SRIVASTAVA, H.K.RATHOD
Oriental Insurance Company Limited – Appellant
Versus
AMINABEN RAHIMBHAI KADIWALA – Respondent


Advocates Appeared: HARIT J.BHATT, M.P.PRAJAPATI, M.T.M.Hakim

D. C. SRIVASTAVA, J.

( 1 ) ). THIS appeal, with the consent of the learned advocates for the parties, can be finally disposed of at the admission stage.

( 2 ) ). Shri Harit Bhatt, learned Counsel for the appellant and Shri M. T. M. Hakim, learned Counsel for respondent Nos. 1 to 4 and Shri M. P. Prajapati, learned Counsel for respondent No. 5 have been heard.

( 3 ) ). The scope of inquiry in this appeal is very limited. Learned Counsel for the appellant has frankly conceded that the quantum of compensation cannot be challenged by the insurance company, the appellant. He has, however, contended that since the insurance company was impleaded before the Tribunal after about ten years, there can be no liability of the insurance company to pay interest from the date of the claim petition till it was impleaded. That is the only point which requires examination. Certain dates are material. The accident occurred on 2nd March, 1986. The claim petition was filed on 30th July, 1986. The appellant. Oriental Insurance Company was impleaded before the tribunal on 29th March, 1996. After impleadment, the tribunal issued notice to the appellant on 30th April, 1996. On these facts, learned Counsel f












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