Excelsior Correspondent
JAMMU, Mar 17: In a batch of six clubbed Claim Petitions, the Motor Accident Claims Tribunal, Doda has dismissed with costs of Rs 3000 an application moved by Oriental Insurance Company Ltd seeking rejection of Claim Petitions under Order -7 Rule 11 CPC.
The respondent insurance company sought indulgence of the Tribunal for rejection of Claim Petitions on the ground of res-judicata; limitation and claim of petitioners being not covered by Insurance Policy.
While dismissing the application of the insurance company, the Presiding Officer said, “ it is trite and perhaps needs to no reiteration that while dealing with an application under Order 7 Rule 11 CPC seeking rejection of plaint/petition, only averments in the plaint/petition read in conjunction with documents relied upon- have to be considered”.
“Plea(s) taken by defendants in the written statement/objection or for the matter in the application under Order 7 Rule 11 of CPC which are in the nature of Defence- have to be wholly dis-regarded”, the Tribubal said, adding “in the instant application, respondent insurance sompany has indeed attempted to raise defence like maintainability of petitions on account of limitation and contested its liability to compensate petitioners despite issues in the case having been framed”.
“By this approach, respondent company has just sought to put cart before the horse. Present application of respondent therefore is wholly misconceived and does not fall in the ambit of provision of Order 7 Rule 11 of CPC”, the Presiding Officer said, adding “for an entity like respondent insurance company to file meritless and ill-conceived application like one in hand and to keep pursuing it for nearly two years – is a course which, if I may say so with utmost moderation- is profusely meaningless and wholly in-appropriate, apart from being cause of loss of precious judicial time”.
With these observations, Tribunal dismissed the application as misconceived and sans merit with costs of Rs 3000 to be deposited within one month for disbursement to the petitioners and posted the matter for evidence of petitioners.
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