FAO No.318 of 2009 12.11.2009. Present: Mr.N.K. Thakur, counsel for the appellant. Mr.Chandan Goel and Mr.Aman Sood, counsel for respondent No.6. Heard. The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act against the order passed by the learned Motor Accident Claims Tribunal-II, Fast Track Court, Hamirpur in MAC Petition No.16 of 2008, whereby the liability of interim award granted in favour of the claimants to the extent of Rs.50,000/- has been fastened upon the appellant/owner of the vehicle. It is stated by the learned counsel for the appellant that the vehicle was duly insured and the liability should have been fastened upon the Insurance Company i.e. respondent No.6. The learned counsel for respondent No.6/Insurance Company submits that in the main petition filed under Section 166 of the Motor Vehicles Act by the claimants, the Insurance Company was proceeded against ex parte and thereafter the application under Section 140 of the said Act was filed on which no notice was issued to the Insurance Company. In view of the above submissions, I am of the opinion that notice was required to be issued to the Insurance Company on the application under Section 140 of the Motor Vehicles Act even though the Insurance Company may have been proceeded against ex parte in the main case. It was for the court to issue notice to the said respondent and then pass appropriate orders. The learned counsel for the appellant submits that the Tribunal may be directed to consider the application afresh and pass appropriate orders keeping in view the application and the reply and the insurance policy, if placed on record before the learned Tribunal. -2- FAO No.318 of 2009 In view of the above discussion, the impugned order is set aside. The parties are directed to appear before the learned Tribunal on 27th November, 2009. The learned Tribunal is directed to dispose of the application under Section 140 of the Motor Vehicles Act as early as possible. A copy of this order be sent to the learned Tribunal forthwith. The amount deposited shall remain in deposit till the disposal of the said application. The appeal stands disposed of accordingly. Nov.12, 2009. (V.K. Ahuja), (TILAK) Judge.