CR No.3124/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.3124/2011 Date of decision: 11.05.2011. Iffco Tokio General Insurance Company Ltd. ....................Petitioner v. Smt.Geeta and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.R.S.Madan,Advocate for the petitioners. Jaswant Singh.J.(Oral) Petitioner/insurer of the offending truck bearing registration no. No.HR-68 2342 has filed the instant revision petition challenging the order dated 25.5.2010 passed by the learned MACT, Karnal whereby its defence, for not filing written statement despite opportunities, has been ordered to be struck off. Further challenge is to the order dated 27.5.2010 whereby application moved by the petitioner for recalling the order dated 25.5.2010 has been dismissed. A perusal of the revision petition reveals that the offending truck bearing registration no. HR-68 2342 insured by the petitioner company was involved in a motor vehicular accident on 7.4.2009 resulting in death of one Multani Sardana. The widow and son of deceased Multani Sardana filed claim petition before learned MACT, CR No.3124/2011 2 Karnal on 12.6.2009. Petitioner-Insurance company was served and put in appearance for the first time on 8.1.2010. Till 25.5.2010, despite having availed five effective opportunities, including two last opportunities for filing its written statement, the petitioner company did not file the same and accordingly vide impugned order dated 25.5.2010 the defence of the petitioner was struck off. The application moved by it for recalling the said order was also dismissed vide order dated 27.5.2010. It is submitted by the learned counsel for the petitioner that the written statement on behalf of the petitioner company could not be filed on 25.5.2010 as its counsel before the learned MACT, Karnal was busy in another court before lunch break. Soon after passing of the order, an application (P2) was made on 25.5.2010 itself for placing on record the written statement. In these circumstances, it is prayed that one last opportunity subject to appropriate costs be granted to the petitioner company for filing its written statement. After hearing the learned counsel for the petitioner, though I find no illegality in the impugned orders passed by the learned MACT, Karnal, however, keeping in view the larger interest of justice, I deem it expedient to grant one last opportunity to the petitioner company to file its written statement. This shall however, be subject to payment of costs. Accordingly, present revision petition is allowed, impugned order dated 25.5.2010 and 27.5.2010 are set aside and the petitioner CR No.3124/2011 3 company is granted one last opportunity to file its written statement within two weeks from today subject to payment of Rs.10,000/- each to be paid to both the claimants by way of demand draft. The payment of costs would be a condition precedent for filing the written statement. This order is being passed without issuing notice to the respondents to avoid unnecessary delay and expenditure. The present revision petition stands disposed of in the terms above. 11.05.2011 (Jaswant Singh) joshi Judge