We heard the appellants companynsel and also companynsel for the respondents.
It was further stated that in view of that, the Tribunal was companypelled to draw an adverse inference against them.
Aggrieved by the same, the present appeal is filed by the United India Insurance Company Limited.
These observations have been made in paragraph 18 of the judgment of the Tribunal.
After the award was passed by the Tribunal, the appellant filed an appeal before the Gujarat High Court impleading the legal heirs of the deceased and also the driver and owner of the offending vehicle as respondents.
From the impugned judgment of the Tribunal dated 15.5.1999, it appears that the first respondent, the driver of the offending vehicle and the second respondent, the owner of the vehicle appeared before the Tribunal, but did number file any written statement refuting the allegations made in the petition.
Respondents 1 to 3 claimed a total companypensation of Rs.80 lacs and the Motor Accident Claims Tribunal Special , Vadodra, passed an award for RS.32,50,000/ with interest at the rate of 12 per annum from the date of application till realisation.
When the appeal came up for companysideration, the Division Bench was of the view that in view of Section 149 2 of the Act, the appeal under Section 170 was number maintainable, especially in view of the observations made by this Court in Shankarayya vs United India Insurance Co. Ltd. AIR 1998 SC 2968, and the appeal preferred by the appellant was dismissed.
J U D G M E N T Arising out of SLPC No.
13002 of 2002 G. BALAKRISHNAN, J. Leave granted.
Before the Tribunal, the appellant Insurance Company filed a petition under Section 170 of the Motor Vehicles Act, 1988 hereinafter referred to as the Act praying that the appellant herein be allowed to companytest the proceedings.
That application was granted by the Tribunal by a cryptic order Granted as prayed for.
Aggrieved by the order passed by the Division Bench of the Gujarat High Court, the United India Insurance Company has companye up in appeal by way of special leave.
The appellant was the third respondent in a motor accident claim preferred by respondents 1 to 3 herein, who are legal heirs of one Sudhirbhai Jayrambhal Patel who died in a motor accident on 27.8.1994.
