p IN THE HIGH COURT OF JUDICATURE AT BILASPUR Miscellaneous AppealNo. Mg, /2002 V ppellant :V " Manager, Tat_a Engineering and. Non-applicant No Locomotive Co. Ltd, Regional Sales Office (R.S.O.), Kolkata (W.B.)~ VERSUS Respondents :v/l’.’/ Mangal Singh, x (Applicants) S/o Mohan Singh Sidar, aged about 47 years, Dirver Smt. Sonkunwar, W/o Mangal Singh, aged about 42 years Ram Singh, aged about 25 years S/o Mangal Singh Sidar, - ‘ Ku. Laxmi Bai, aged 23 years D/o Mangal Singh Sidar, Dharmuda Singh, aged 19 years i S/o Mangal Singh Sidar, . Uthan Singh, aged 15 years, S/o Mangal Singh Sidar, .Ku. Gauri bai, aged ll years, D/o Mangal Singh Sidar, e/8(Jr/Pakad Singh, aged 81/2 years S/o Mangal Singh Sidar, Res. No. 6.to 8 minor through father Mangal Singh Sidar, 'All R/o Shankar Nagar (Dhangardipa) Behind Bus Depot, Raigarh (C.G.)_ e Az—v/rgdr ‘ A Tn Q A .5 -2- Non-applicant No.1 to 4 M ~4 (Manager, Tata Engineering and Locomotive Co. Ltd., Jamshedpur, (Bihar) v/10 Manager, Shivam Motors, (Dealer Telco), Jarhabhata, Bilaspur (06.) \/1/1' .‘ Mohammed Hazi, S/o Mohammed Jahar, aged unknown, occupation Driver, R/o village Golmudi, 'Jamshedpur (Bihar) . va"12 The New India Assurance C0. Ltd. Bombay, Branch Raigarh (C.G.) .(Appeal is only against the respondent N0. 12 and rest are proforma parties.) APPEAL UIS 173 OF THE MOTOR KEHICLE AC1 1988 HIGH COURT OF CHHATTISGARH, BILASPUR DB: HON’BLE LM. QUDDUS! & HON’BLE R. L. JHANWAR, JJ, M. A. No. 114 OF 2002 APPELLANT Manager, Tata Engineering and Locomotive Co. Ltd. Vs. i REsponnEms I I Mangal Singh and others VJ M.A. No. 115 OF 2002 APPELLANT Manager, Tata Engineen'ng and Locomou've Co. Ltd. Vs. [’RESPONDENTS ’1 { Jaynarayan and othexs VJ uf MISC. APPEALS U/S 1'73 OF THE MOTOR VEHICLES ACT, 1988 APPEARANCE: Miss. Shannjla Singhai, counsel for the appellant. Mr. J. K. Shashtri, counsel for respondents 1 to 8. Mr. Shriknmar Aglawal, Sr. Advocate with Mr. Anand Gupm, counsel for respondent no. 12/ Insurance Company ORDER (ORAL; (07.12.2010) Per LM. QUDDUSI, J 1. M.A. No.114/2002 amse out of the awani dated 25.01.2000 passed by the Motor Accident Claims Tribunal, Jashpur Nagar (C.G) in Claim Case No.7/ 1993 whereas M.A. No.115/2002 arose out of the award dated 14.12.1999 passed by the said Tribunal in Claim Case No.8] 1993 whereby the Tribunal has fastened the liability on the owner that is appellant Company. 5. The proceedings against the owner were ex-parte. It is alleged that the Insurance Company has issued the policy, but it has not nled any copy themof before the Tribunal, therefore, in the absence of such document, the Tribunal has held that the oEending vehicle was not covered by insurance and passed the impugned award imposing the liability upon the owner. Since the Tribunal had no occasion to look into the terms of policy and the liability was imposed upon the owner in absence of copy of Policy, the Appellant Company should be provided opportunity to defend its case. Therefore, we feel that the matter requires reconsideration at the end of the tribunal. In view of the above, we set aside the impugned awards and remit the matters back to the MACT concerned for decision ahesh after providing opportunity to the appellant to defend their case. If the Insurance Company moves an application u/s 170, the same shall also be considered by the M.A.C.T. The Tribunal shall provide opportunities to the parties concerned to amend their pleadings or adduce evidence if any, hle documents or get the documents verihed etc and thereafter, a hesh decision shall be taken at the earliest. The records of the Tribunals shall be sent back forthwith. 7. At this stage, we have been informed that the amounts have already been deposited by the appellant and the claimants have also withdrawn the amounts. Therefore, if the Tribunal ’ comes to conclusion that for the amounts awarded the allowed in pan T a f? Sd/_ ‘b I'M-Quddusi t, Judge 3": ‘