Excelsior Correspondent
DODA, Sept 18: Presiding Officer, Motor Accident Claim Tribunal (MACT) Doda, Amarjeet Singh Langeh, has dismissed an application of New India Assurance Company Ltd, seeking to set aside an ex-parte award issued on February 10, 2020.
The Tribunal imposed a financial penalty of Rs 10,000 on the insurance company and directed that the fine be paid to the respondents/claimants within four months.
The backdrop of this case involves an award of Rs 11, 15, 000 against the insurance company in an ex-parte proceeding initiated due to the company’s repeated failure to participate in the hearings.
Despite engaging four different lawyers at various times, the insurance company neglected to actively pursue its defence in the main case.
As a result, the MACT ruled that the insurance company’s lack of diligence in pursuing the matter could not be excused, and it criticized the company for resorting to procrastination tactics.
MACT further emphasized that the insurance company’s practice of creating situations that lead to ex-parte awards, only to later seek their recall or cancellation on meritless grounds, is unacceptable and contrary to the law. This practice was strongly deprecated by the Tribunal.
Accordingly, the MACT refused to set aside the ex-parte award, highlighting the insurance company’s lack of valid reasons for its non-appearance and non-representation during crucial hearings and imposed a fine of Rs 10,000 on the insurance company, providing the claimants with the liberty to initiate appropriate proceedings for recovery if the payment is not made within four months.
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