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2001 Supreme(Raj) 924

S.K.KESHOTE
Oriental Insurance Co. Ltd. (The) – Appellant
Versus
Uma Sharma – Respondent


Advocates Appeared:
Virendra Agarwal, for Petitioner Sandeep Mathur, for Respondents

Honble KESHOTE, J.–This petition under Article 227 of the Constitution is directed by the Oriental Insurance Company Ltd. though its Constituted Attorney, Jaipur against the final award Annex.3 dated 15.4.1999 in the claim petition filed by respondent Nos. 1 to 4. This matter has come up for preliminary hearing in the Court on 25.10.99. The Court has issued notice to respondent Nos. 1 to 4 to show cause as to why this petition may not be admitted. Thereafter the matter has come up for hearing on admission of the matter today. Learned counsel for respondent Nos. 1 to 4 raised a preliminary objection that this petition may not be entertained by this Court as the award which is challenged by the petitioner Insurance Company in this petition is appealable.

(2). Learned counsel for the petitioner on the other hand submitted that it is a case where the Motor Accident Claims Tribunal passed the award in total disregard to the statutory provisions as well as the law laid down by the Supreme Court and this petition is maintainable.

(3). I have given my thoughtful consideration to the submissions made by the learned counsel for the parties. I find sufficient force, merits and substance in the





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