Heard learned advocates for the parties.
2. The challenge in this petition under Articles 226 and 227 of the Constitution of India is to the order dated 23.02.2012 passed by the learned Motor Accident Claims Tribunal, Mehsana by which the respondent-Insurance company is permitted to lead evidence by calling a witness when the proceedings are pending at the final stage of hearing.
3. Ordinarily, this Court would not exercise powers under Articles 226 and 227 of the Constitution of India against such interlocutory orders, which do not result into causing any serious prejudice and for which no final remedy is available at the end of the proceedings. However, interest of justice will be met if the Insurance company pays costs of Rs.1,000/- to the petitioner.
With the aforesaid this petition stands disposed of. However, there shall be no order as to costs.
It is clear that the Claims Tribunal shall decide the claim petition within 2 months from the receipt of the order.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top