CM No. 23034-CII of 2011 in/and FAO No. 5168 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 23034-CII of 2011 in/and FAO No. 5168 of 2011 (O&M) Date of decision: 22.9.2011. ICICI Lombard General Insurance Company Ltd. ...Appellant Versus Smt.Sarita and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Vandana Malhotra, Advocate for the appellant *** JITENDRA CHAUHAN, J.(Oral) CM No. 23034 CII of 2011 This is an application under Section 151 of the Code of Civil Procedure for exemption from filing the certified copies of Annexures A-1 to A-3 and for placing on record the true typed copy of Annexures A-1 to A-3. Allowed as prayed for. Annexures A-1 to A-3 are taken on record. CM No. 19572 -CII of 2011 For the reasons enumerated in the application, the delay of 164 days in filing the instant appeal is hereby condoned. Application stands disposed of accordingly. CM No. 23034-CII of 2011 in/and FAO No. 5168 of 2011 (O&M) FAO No. 5168 of 2011 The present appeal has been filed by the appellant-Insurance Company for setting aside the ex-parte Award dated 3.11.2010 passed by learned Motor Accident Claims Tribunal, Gurgaon (for short 'the Tribunal'), vide which the claim petition of the claimants was allowed. Learned counsel for the appellant contends that the appellant was proceeded against ex-parte as the counsel for the appellant could not appear before the learned Tribunal on account of strike of the Bar members on 3.11.2010. Further he refers to Annexures A-2 and A3 and states that the driver was not holding a valid driving licence at the time of accident. Earlier the documents Annexures A-2 and A-3 were not in possession of the appellant and the same were obtained through RTI subsequently. I have heard learned counsel for the appellant and have gone through the file. Perusal of the award suggests that the finding recorded by learned Tribunal regarding the factum of holding a valid licence is reappraisal by the Court in view of the documents Annexures A-2 and A-3. Furthermore, on account of strike of the advocates, right of hearing to the parties should not be defeated. Keeping in view the above, the award dated 3.11.2010 passed by learned Tribunal is set aside and the case is remanded back to be decided afresh on merits after giving full opportunity to the parties to lead their respective evidence. CM No. 23034-CII of 2011 in/and FAO No. 5168 of 2011 (O&M) The parties are directed to appear before the concerned Tribunal on 29.10.2011. Learned counsel for the appellant undertakes that the Insurance company would not seek unnecessary adjournments to prolong the matter. However, the learned Tribunal is directed to decide the matter expeditiously. 22.09.2011 (JITENDRA CHAUHAN) gsv JUDGE