Order

15/02/2024

1. The present appeal has been preferred by the Insurance Company against the judgment and award dated 16.09.2023 passed by Motor Accident Claims Tribunal, Pali in Motor Accident Claim Case No.49/2020.

2. In the present appeal, a caveat was preferred on behalf of the claimants-respondents. On 15.01.2024, when the matter was listed before this Court, learned counsel for the appellant was directed to supply copy of the appeal to the counsel appearing in caveat for the claimants. On that date, the Court summoned record of the learned Tribunal and the matter was directed to be listed on 06.03.2024.

3. However, as the execution proceedings were initiated by the claimants, an application for preponement of the date was preferred by the appellant and hence, the matter was listed on 23.01.2024 before this Court. On that date, learned counsel for the appellant submitted that the Executing Court, without issuing any notice to the Insurance Company, has proceeded on with the execution proceedings and in pursuance to the directions issued by the Tribunal to the Bank, the compensation amount has even been deposited by it with the learned Tribunal. On that date, learned counsel also submitted that the next date fixed in the execution proceedings was for 23.01.2024 but the Executing Court preponed the said date and on 22.01.2024, without notifying the counsel for the respondent-Insurance Company, proceeded on to disburse the amount to the claimants. Learned counsel submitted that the same amounts to over-reaching the process of law as well as the orders of this Court as the Counsel for claimants, who was appearing in the caveat, was very well aware of the fact that permission was sought for listing of the matter on 23.01.2024 and the Court permitted for the same.

4. On the above submissions made by learned counsel for the appellant, record of the claim case as well as the execution proceedings was called for.

5. Perused the records.

A perusal of the order-sheets of the execution proceedings makes it very clear that on 16.01.2024, it was observed by the Executing Court that the amount of compensation has been deposited and hence, the matter was directed to listed on 23.01.2024 for further proceedings. However, the matter was taken up on 22.01.2024 and the order-sheet of 22.01.2024 reflects that the same was taken up on an application preferred on behalf of the Insurance Company for staying the disbursal of the compensation amount to the claimants.

However, the record shows that the application was preferred by the Insurance Company on 20.01.2024 and on that date, it was directed to be listed on the date fixed for the original proceedings along with the same. Interestingly, the original date as fixed has been struck off and a correction has been made and the date is reflected to be 22.01.2024. The said correction has been made in the order-sheet as drawn on the application as well as in the date of filing of the application itself.

6. Prima facie, it is clear that the said is not an innocuous correction and the same has been made subsequently. It is also clear that the date was fixed for 23.01.2024 and it was preponed and proceedings were taken up on 22.01.2024. On the said date, the application dated 20.01.2024 as preferred by the Insurance Company was rejected.

7. In view of the above facts, let a specific report be called from the learned Tribunal as to on what reason and basis, the matter was taken up on 22.01.2024 despite the date been fixed on 23.01.2024. Further, whether the correction as made in the date on the application as preferred by the Insurance Company was notified to the counsel appearing for the Insurance Company? Further, whether the said correction has been made in the knowledge/information of the Presiding Officer?

8. Let the report be placed on record by the next date.

9. List the matter on 11.03.2024.

10. Meanwhile, the execution of the impugned award shall remain stayed.

(REKHA BORANA),J

93-/T.Singh/AbhishekK/-

Power