Icici Lombard General Insurance ... vs Smt. Shiv Kumari & Ors.
2012 Latest Caselaw 4233 Del

$~36

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision:18th July, 2012

+        CM(M). No.810/2012

         ICICI LOMBARD GENERAL INSURANCE CO. LTD.
                                          ..... Petitioner
                       Through: Mr.    Shashwata        Pandey,
                                Advocate

                     Versus

         SMT. SHIV KUMARI & ORS.                      ..... Respondents
                      Through: None.

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                            JUDGMENT

G. P. MITTAL, J. (ORAL) C.M. No.12085/2012(Exemption)

Exemption allowed, subject to all just exceptions.

The Application stands disposed of.

CM(M) No.810/2012 & CM. 12084/2012(stay)

1. The Petitioner is aggrieved by an order dated 08.05.2012 passed by the Motor Accident Claims Tribunal(the Claims Tribunal)

whereby while setting aside the ex parte order against the Petitioner, the Petitioner was directed to pay the costs of `10,000/- to Andh Mahavidyalaya, Punchkuian Road, Delhi.

2. The Petitioner's grievance is that its counsel was present before the Claims Tribunal on 22.03.2012 when it was ordered to be proceeded ex parte. So, it was a clerical mistake on the part of the Court staff in recording that the Petitioner was proceeded ex parte, which should have been rectified on the next date of hearing even without moving an Application by the Petitioner. It is submitted that after the Petitioner moved an Application, the ex parte order was set aside, but he was burdened with costs of `10,000/- without any ground.

3. The orders dated 22.03.2012 and 08.05.2012 clearly depict non-

application of mind by the Motor Accident Claims Tribunal. Nobody can be made to suffer for the fault of the Court. Thus, instead of realizing the mistake and correcting the order dated 22.03.2012, the Claims Tribunal proceeded to impose costs of `10,000/- while setting aside the order proceeding the Petitioner

as ex parte.

4. In the circumstances, order dated 08.05.2012 imposing costs of `10,000/- on the Petitioner is set aside.

5. A copy of the order be sent to the Claims Tribunal through the District Judge concerned.

6. The Petition is allowed in above terms.

7. The statutory amount, if any, deposited shall be refunded to the Appellant Insurance Company.

8. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE JULY 18, 2012 pst