W @ mw,m,m Wm Fi 200 WW (13W) WWW mwm mm wW mm‘m $afRwm HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition {C1 N0. 1252 of 2003 l l l r l l PETITIGNER iClCi Lombard Genera! Insurance Co. RESPONDENT N0. l.td., lC!C! Tcwers, Bandra, Kurla g ‘ompiex, Bandra (East) Mumbai, hrough its Legal Manager, VR. Plaza: Haspur {c.G) Versus RESPONDENTS 1 baiika Dhruv, wife ef Late Shri CLAIMANTS rshuram Dhruv, aged about 34 yearsa 2 ahendra Kumar, son of Late Shri arshuram Dhruv, aged abcut 17 years 3 kesh Kumar, son of Late Shri . arshuram Dhruv, aged abcut 11 years. 4 aiendra Kumar sen of Late Shri arshuram Dhruv: aged about 08 years. 5 auri. dauohter of Late Shri Parshuram r v, agea about 06 yeara. espondent No. 2 to 5 throughgtheir other Smt. Ambatika Dhruv, being eir nature! guardian. 6. hagwali, son of Late Shri Amoliram, ged about 65 yearet 7 mt. Manmat Bai, wife of Shri BhagwaH, ged abcut 6O years I! residents of Village Rajadhaar, Post urra, Thana Bhatapara ramin, ' istfibt Raipur Chhattlsgarh. GRPRJ e FS/246W 2/2007 er 50,000. v: w V\ mm (W) WW,WI§,W m 1:1 200 W ( WRIT PET!T!ON UNDER ARTIC 3WNER OF VEHICLE) LE 227 OF THE CONSTlTUTlON OF INDIA Appearance: Shri Amrito Das. counsel‘ ior the petitioner. OF (2 DHIRENDRA MISHRA. J. Heard on admission. By this writ petition, chal 30.1 .2008 passed by the A Bhataoara. in C.TV no.23/2007 written statement has been do: Order 8 Rule 1 read with Rute 1t The netitioner is an insurz as non anoticant no.2 in ctaimants/respondents N0.1 to i was served on the petitioner Ci insurance Comoanv caused his-appearance on 04.1 .2008 and prayed for time for fiiing written statement (3n 16.1.2008, some documents Motor Accident Ciaims Tribunai, 3v which the right of the petitioner tattle sed bv the Tribunai by proceeding; under tofthe C.P.C. v :AL onoen i8.02.2008} enge is made to that part of order dated ddi. ince Company which has been impieaded the ciaim petition tiied by the i herein. The notice of the ciaim petition ampany on 31.12.2007, Counsei for the on which a date of 16.1.2008 was fixed. were tiled by the ciaimants and again a WWW i WWW mmmamr 2. WW§WW §a~fi=cmm {RESPONDENT No.1 8. S§underlal Satnamai, son of 'Shri BEFORE TRIBUNAL) Shankar Satnami, aged not known to he petitioner. resident of Village Rajadhaar, Thane Bhatapara Gramfn, Uistrict Ralpur Chhamsgarn. N WW,WW,W WWW Hmmm WW m 200 mm (W) WWW§wf$QHW §§Bi1=cmm WWW 3 time was sought by the [nsunance Company and it was granted upta 30.1.2008. On 304.2008. in certain documents were filed by the owner of the vehicle i.e., re pendent no.8 herein and the insurance Company further prayed for tim to fiie written statement, but this time the Tribunal refused to grant time nd uttimateiy closed the right of Insurance Company to file written statem nt and after framing the issues, the matter Feb. 2003. lt is stated that till now the evidence has not been taken a d the date of evidence is now fixed as 26th of Feb. 2008. Learned counsel for th petitioner relying upon the order dated 22.2.2008 passed by this Court in WP. (C) No. 112312008 in the matter of tClCl Lombard General Insure ce Co. Ltd. Vs. Gaura Singh Nishad and of order 8 rule 1 read with Rule 10 of C.P.C. have not been made pplicable as per Rule 240 of MP (CG) Motor Vehicles Rules,1994. H further submits that the grounds raised by the petitioner before the Clai s Tribunal for permission to file written statement in the claim proceed ngs were rejected and the Tribunal closed the right of the petitioner to file itten statement taking recourse to ‘gtder 8 rule 1 read with Rule 10 of C. .C. ln View of the fact tha the reasons assigned by the petitioner before the Claims Tribunal for lowing time to file written statement were bonafide and that the facts of he present case are similar to that of the case cited above,'l deem it ppropriate to give an opportunity to the insurance Company to file heir written statement. Therefore. the impugned order is set aside. Ttéie lnsurance Company is directed to file its written statement within a per od of 15 days from today. The Claims was fixed tor settling on 02‘” a a s r l W WW,W,W WW 1n 200 mm (W) WWW I WWW mmifé‘am WWW ‘4 ammm Tribunal shail take the written statement on record and if necessarv. shat! recast the issues in light of thg written statement and shalt proceed to decide the ciaim petition in accordance with law. The petition stands finaiiy disposed of with the aforesaid observations. it is made ciear that this order has been passed exparte and if any party feeis aggrieved by this 0rd er, they shail be at iiberty to approach this court with a suitable prayer. 7 ’ ”s sw- C.c. as per rules. 1‘ Dhirendra Misitra,‘ Judge ‘