United India Insurance Co. Ltd. and Others vs Motor Accidents Claims Tribunals and Others

M.P. Menon, J.—Those two writ petitions raise the question whether the Motor Accidents Claims Tribunal is bound to issue a notice to the Insurance Company concerned before issuing a certificate u/s 110-E of the Motor Vehicles Act. The section as such does not provide for any notice but one can certainly visualise situations where such notices may be necessary such as those where interest is awarded, or the nature of the relief granted in the award is such that it requires some computation with reference to facts or factors in dispute. It may also probably be proper to suggest that the Insurance Companies should get some time to look into the award and decide whether the matter should be taken in appeal or not. It is said that all Motor Accidents Claims Tribunal were issuing such notices while the Ernakulam Tribunal alone was not doing so. These two writ petitions were filed at time when the Ernakulam Tribunal was following this different practice. Admittedly the said Tribunal was following this different practice. Admittedly the said Tribunal also has now fallow in all cases. The writ petitions have accordingly become infructuous and they are therefore dismissed, no costs 24th June, 1986.