On, 27.08.2008, this Court has passed the following order:-
Heard learned advocate Mr. Vibhuti Nanavati on behalf of applicant.
This Court has issued Rule on 8/10/1996, made it returnable on 4/11/1996. More than 12 years have passed, notice of Rule is not served to either of respondents by applicant appellant Insurance company. The matter is remained pending only for condoning the delay in filing first appeal.
In first appeal, Insurance company has challenged award passed by Motor Accident Claims Tribunal at Bhavnagar in MACP no. 404/1994 dated 15/3/1996. The Claims Tribunal has awarded Rs. 3,72,000/- together with 15% interest per annum from the date of petition.
The appeal is remained pending as it is about more than 12 years as delay is not condoned. The delay is not condoned because Insurance company is not able to serve to respondents. It is necessary to note while asking one question to learned advocate Mr. Nanavati that whether appeal is filed for challenging quantum and negligence? the answer is "Yes", then immediately this Court has asked question whether for the application u/s 170 of Motor Vehicle Act, permission is obtained by Insurance company from Tribunal, he says "NO".
He submitted that one application is made by Insurance company before this Court to contest or challenge the award on quantum or negligent for granting permission by this Court. The said application is pending. The application, which has been filed by Insurance company can not be granted by this court as per view taken by the Apex Court in AIR 2002 SC 3350 as relied by the High Court of Chhatishgadh reported in AIR 2008 NOC 1911.
In light of aforesaid background, and considering fact that more than 12 years have passed but none of the respondents are served by Insurance company. Therefore, only on that ground, present civil application is dismissed. No doubt, some efforts have been made by Insurance company to serve notice of Rule to respondents while obtaining order of fresh notice to respondents, but, ultimately, matter is remained pending as it is as respondents were not served. Therefore, first appeal can not be entertained without condoning the delay.
In light of that present civil application is dismissed, no order is required to be passed in both civil application no. 7423/1996 and civil application 7543/1998. Accordingly, both civil applications are also disposed of.
In view of the above order, the appeal stands dismissed.
[K.S.JHAVERI, J.] ..mitesh..
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