Oriental Insurance Co. vs Batto and Others

M.C. Sharma, J—In this matter, the appeal has been filed by the appellant-Insurance Co. against the judgment and award Dt. 27.2.2003 passed by, MACT, Bharatpur in claim case No. 171/1996. In the appeal, this Court has not even issued the notices to the claimant-respondent or any other respondent and the appeal is yet to be admitted, in the meantime, the cross objections have been filed on behalf of the claimant through her counsel Mr. Prateek Sharma, Advocate under Order 41 Rule 22 CPC for enhancement of compensation, as awarded by the Tribunal vide judgment and award Dt. 27.2.2003. Mr. Manish Sharma, learned counsel for the Insurance Co. has contended that in this matter, the notices have not been issued, and the appeal is yet to be admitted, despite that the cross objections have been filed by the claimant-respondent, whereas the claimant is not entitled to file the cross objections unless and until the appeal is admitted.

Mr. Prateek Sharma, learned counsel appearing on behalf of the cross objector has not disputed with regard to the aforesaid legal position. In view of the above legal position, the cross objections filed by the claimant are dismissed at this stage being not maintainable.