IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.569 of 2009 NATIONAL INSURANCE COMPANY, CHAPRA THROUGH ANJANI KUMAR A.O. CUM AND DULY CONSTITUTED ATTORNEY NATIONAL INSURANCE COMPANY LTD. REGIONAL OFFICE 4TH FLOOR SONE BHAWAN B.C. PATEL ROAD P.O.- G.P.O., P.S.- SACHIWALAYA, PATNA, DISTRICT PATNA ........APPELLANT Versus 1. RABRI DEVI, W/O BIJALI BIND, R/O VILLAGE BABHAULI, P.O. AND P.S. MANGHI, DISTRICT SARAN 2. JOGENDRA KUMAR, S/O MOHAN KUMAR, R/O GOLA ROAD MAUNA CHAPRA TOWN, P.O. P.S. DISTRICT SARAN …….RESPONDENTS 05. 14.07.2010 Heard learned counsel for the appellant, none appeared on behalf of the respondents, in spite of the fact that the respondent no. 1 has already appeared in this appeal by filing Vakalatnama and notice has been served upon O.P. No. 2, the owner. This appeal is preferred against order dated 17th June, 2009 passed by 1st Additional District Judge-Cum-Motor Vehicles Claim Tribunal, Saran at Chapra in Claim Case No. 30 of 2005. During course of submissions my attention was drawn towards Para 3 of the order of the court below, where in it has been mentioned that in spite of notice, O.P. No. 1, the owner did not appeared and the appellant, National Insurance by filing written statement has denied its liability besides other assertions, defence has also been taken that there is no compliance of the provisions as contemplated under Section 134(C) of Motor Vehicles Act. The direction was sought against the owner to file different document. It is true that towards end of Para 5, the Claim Tribunal has arrived at a conclusion that at the time of accident the car was under - 2 - valid insurance with National Insurance Company, but from no where in the order any details of such insurance appears, the required documents have also not been filed by the owner, who did not enter into appearance and it also does not appear whether any other step to procure such documents from owner was taken by the court below before giving direction to the insurance, the appellant to make payment to the claimant and further by filing a separate suit recover the amount from the owner, if issues are decided in its favour. It is incumbent upon the Claim Tribunal to decide the issues and liability inter se between owner and insurance as well as extent of award payable to the claimants. Considering the factors relating the accident, coverage etc., but as it appears even there is nothing to show details of policy what to speak of terms and conditions. Considering the facts and circumstances aforementioned, this appeal is hereby allowed, impugned order is set-aside and the matter is remitted to the court below for fresh decision, determining all the issues expeditiously inter se between owner and insurer, in terms of Section 147(2) of Motor Vehicles Act and in appropriate case take the shelter of provisions as contemplated under Section 149, especially sub-Sections 4 & 5 of the Act, the appropriate order may be passed. Simultaneously, statutory deposit of Rs. 25,000/- (twenty five) with the appeal is order to be transmitted to the court below through a demand draft in name of claimant towards payment (taking only under consideration that the claimant/victim must not suffer). It - 3 - is further made clear that court below must proceed expeditiously and preferably dispose of the case within six months from the date of communication of this order. Praveen (Akhilesh Chandra.J.)