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2023 Supreme(MP) 867

ACHAL KUMAR PALIWAL
United India Insurance Co. Ltd. – Appellant
Versus
Poonamchand S/o Pholiya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sudhir Dandwate.
For the Respondents: Hemant Kumar Vaishnav, Ram Narayan Dave.

ORDER :

1. This miscellaneous appeal has been filed by the appellant-Insurance Company under Section 173 of Motor Vehicles Act, 1988, being aggrieved by award dated 26.07.2007 passed by Additional Member, Motor Accident Claims Tribunal, Dhar, in Claim Case No. 134/2005.

2. Learned counsel for the appellant-Insurance Company submits that present appeal was filed on 22.08.2007 and cross-objection has been filed by respondents/claimants on 01.01.2011 and cross-objections has not been filed within thirty days after service of notice. Hence, cross-objection filed by respondents/claimants are time barred and cannot be looked into. The present appeal has been filed by appellant-Insurance Company on the ground that Insurance Company is not liable to pay compensation. Hence, cross-objections is not maintainable.

3. Learned counsel for the appellant-Insurance Company after referring to Para Nos. 11, 14, 15, 16 and 22 of impugned award and decision in National Insurance Company Limited vs. Ramkalibai and Others in M.A. No. 3531/2008 decided on 11.01.2011, Bablu @ Netram @ Netraj vs. Abhilasha, 2016 (1) MPLJ 45, Oriental Insurance Company Limited vs. Brij Mohan and Others, (2007) 7 SCC 56, New In

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