"^ lotl^ Petttioner (Insurer) HIGH COURT OF CHHATTISGARH AT BILA8FUR Writ Petition (O No. 7404 of2006 The New India Assurance Company Linuted, through Divisional Manager, The New India Assuranee Company Linuted, Second Floor, Rarna Trade Cente, Bus Stand Road, Bilaspur(Chhattisgarh). Respondents (CIaimant) VERSUS 1. Kuldeep Singh S/o Shri Kalyan Sm^a, aged about 8 years, tlirou^i his Fadier Shri Kalyan Sin^i R/o vfllage Ounderdayhi, Post Gunderdayhi, District Durg (CMiattisgarh). 2. M/s Jaswaut Kaur D/o Shri B. Singh, age unknovm, R/o Bamkin Nagar, Silligudi, Dragling (West BengaS). 3. Raj Kumar Shanna S/o late Shri Cbunnilal Shama, aged about 26 years R/o village Jahoo, Post Hamupur (Himachal Pradesh), presently resident of Sewak Road, Police Station Bhakti Na^r, Siligudi, DargiUng (West Bengal). (WRIT PETmON UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA) (SB: JIon'bk ^fc Safeh K. Aenihotei. J.1 Present : ShriSourabhShanna,Advocatefarthepetitioner. None for 1fae respondents. ORALOBDER (Passed OR 15 day ofJanuary, 2009) With the consent qfthe parties, tiie matter is taken up for heariag finally. 1. The petitioner/insurance corporation, by this petition, challenges fhe award dated 31.07.2006 (Amexure f/4), passed by XIIth Additional Motor Accidents Claiais Tribunal (FTC), Durg (fbr short 'Tribunal') in olaims case No. 100/2005, whereby a sum of'Rs. 5000/- has been awarded. 2. The brieffacts, in nutsheU are that on 10.08.1999 i.e. on the date ofaccident, the crflending vetocle bearing No. WB 73/6076 (for short 'vehicle') w^ driven by Rajkumar Shamia i.e. respondent No. 3 and owned by Jaswant Kaur i.e. respondent No. 2. The claimant, who was riding a motorcycle vrith his son Kuldeep, systained pievous injuries due to the accident. 3. The petitioner/msurer had pleaded tiiat the vehicle was not insured by it on Ifae date of the accideat. Leamed counsel appearu^ fbr petitioner urged that the seizure memo (Annexure P/3) did not show that the vehiele was insured by the petitioner on the date of accideirt., It was further urged that the Tribunal '^1 proceeded ex parte agamst Jaswant Kaur, the ovmer of the vehicle wilfaout serviee ot' notice on her. Leamed eounsel appearing fbr Ifae petitioner submits that thus no material was placed by the owner before the Tribunal to show that the vehicle was insured under a policy of insurance issued by the petitioner. Therefore, it was impossible for the a{yellanVinsurer to lead evideaiee to prove that Ihe vehicle was not insured by it Despite this, the petitionerhad exainined Lyod Johnson (N.A.W.-1) who had sated that the vehicle was not inswed by the petitioner. On this premise, it was urged that the Tribunal comautted an Ulegality in recording of findings that the vehicle was insured by the petitioner j on ttle date ofaccident aad in fastening liability on itto pay eompenssaion. 4. A perusal ofthe record ofclaims case No. 100/2005 sfaows that fhe Tribunal had p-oceeded ex parte against JaswaDt Kaur, owner ofthe vehicle on 25.04.2000 on _. the ground that notice was served on her. However, a perusal of the reeord shows that no such notice was served on Jaswanl Kaur. The record further shows that the notice issued eariier on Jaswaut Kaur had retumed unserved with the endorsement that the address was not fouad at tfae address. Thus, the Tribunal acted illegally in proceeding ex parte agaiast the owner ofthe vehicte and in fastening liability oa the insurer wilfaout service ofnotice on Ifae owner of Ihe vehicle. 5. In fhis view ofthe matter, the impupied award passed by fhe Tribunal is liable to be set aside and the matter remanded to the Tribunal tbr {M'oceeding a&esh frwn the stage ofnotice to the owner ofthe vehicle in accordance with law. 6. hi view ofthe tbregomg,this petition is disposed of. The impugned award dated 31.07.2006 is set aside. The matter is remanded to tiie XHfh Additional Motor Accident Claims Tribunal (FTC), Durg, for proceeding afresh fi-om the stage af notice in accordance with law on the owner ofthe vehicle. No order as to costs. 7. Consequently, M(W)P No. 5119/06, staads disposed of. _..„-.--- Sahu Sd/- Satish KAgnihotri Judge