Heard learned advocate for the petitioner. He submits that initially the claim petition being M.A.C.Petition No.1340 of 1992 was filed before the Motor Accident Claims Tribunal, Godhra but subsequently because of separation of Dahod district, the said petition was transferred to Dahod district and it was re-numbered as M.A.C.Petition No.528 of 2004.. He further submits that notice was not served to the petitioner-insurance company when the matter was transferred to Dahod from Godhra and so the present petitioner could not remain present before the Claims Tribunal at Dahod. The Motor Accident Claims Tribunal, Dahod partly allowed the claim petition in absence of the present petitioner and passed award in favour of the respondents-original claimants.
Thereafter, the petitioner learnt that the execution proceedings were filed and so immediately the present petitioner preferred review application before the Claims Tribunal, Dahod which was rejected and hence this petition is Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jan 22 03:06:49 IST 2016 C/SCA/16670/2012 ORDER filed.
Notice and notice as to interim relief returnable on 22.1.2013. In the meanwhile, ad-interim relief in terms of paragraph 17(c) on condition that the petitioner will deposit the entire awarded amount with interest and proportionate costs with the concerned Tribunal on or before the returnable date.
Service by Registered Post A.D. is permitted at the cost of the petitioner over and above the regular mode of service.
(M.D.SHAH, J.) Srilatha Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jan 22 03:06:49 IST 2016