BEFORE THE HIGH COURT OF JUDICATURE AT BILASPUR(C.G.) C.R.No. lo & / 05 !ll!i SB3 ^ ^/lft3r' PETITIONERS :Y ..^n-f"1 *'The Oriental Insurance Co. ^'"""'^^y.^ ^••^y'?!./^* Divisional Manager , O.I.C ;*' ^ll ..^^> Ltd. Through its C. Ltd., Divisional ^y' '^' RESPONDENTS :- I) CLAIMANT:- 2|. OWNER: - il DR1VER:- Office, Opposite High Court , BILASPUR(C.G.) VERSUS ...Misala Prasad S/ O. Mohit Ram, aged about 38 years, Caste: Kewat, R/0. Vill. Dabankara, P.0. KEWARA,P.S. Pratappur, Teh.t Surajpur, Dist.: Surguja,( C.G.). /Ajay Kumar Singh s/o. Late R.N.Singh,aged about 30 yrs. Caste; Rajput, Vocation: Vehicle Owner, R/ O. Vill./ P.S.: JAINAGAR Teh. Surajpur , Dist. Surguja, ( C.G.). Om Prakash @ Guddu, S/ O. Mutur Singh, Vocation : Driver, aged about 21 Years, Caste: Rajput, R/ O. Darripara, At / P.0. AMBIKAPUR, Dist. : Surguja,(C.G.) ^ SsapE^ION U./ SEC'. 115 OF THE CODE OF CIVIL PROCEDURE^ _'Ill:u3 DajJj^ *iHrii apm^ ^w) ^l^lri^, UtTl'd^a, R«wy( .....„€:^-^..t%,f$s^V^OQ^ 3II^?I!plR'<l<b (iaiT31I^?T**fi<b 3IT^9Tq^ (yilgq.s) 8^?IT8T?^lf^T SlrtST Shri Vinay Harit, Sr. counse! for the applicant. Heard. The applicant/lnsuran April 2005 passed bythe IV' <t)l<<fri41rl*11*1riTtt"lslclxlui'<'ci'( iSaif^Tsn^sT counsel.with Shri Narayan Ku. Shrivastava, ^e Company has preferred this Civil Revision :th under Section 115 of CPC 4s he is aggrieved bythe order dated 15"' of Addl. Motor Accident Claims Tribunal (FTC), Surajpur, Distt. Surguja in [VI.J.C. No. 01/2004 and by which ex-parte award in favour:of respondei|tt No.1 has been set aside and application of respondentNo.2,owneroft!-|evehiciewasalldwed. | Learned counse! for|the applicant submits that the application under Order 9 Rule 13 of CFfC for setting aside ex-parte award has been aitowed by learned (Vt Ac|di. Motor Accident Claims Tribunai (FTC), 'ht cause solely relying upon the statement of Iher submits that though the ciaimant has not '(der, but the Insurance Company is a!so the Surajpur without any sufficie] the applicant/owiier. He furtl| chalienged the impugned or| aggrieved party as the ord4r, which has been set aside, absolved the Insurance Company from th^ He further,,submits th^t the respondent No.2/owner of the vehicle remained absent; even thoil advocate who has been e| However learned Claims Tri order. Thus, the Court belowl material irregularity. iiabitity from the payment of compensation. igh he was informed in this regard by his <amined as witness during proceedings of setting aside the ^x-parte aw|ard and he has categorically stated the same. sunal ignoring the statement ofthe advocate and relying upon the statem^nt ofthe claimant, has passed the impugned has exercised its jurisdiction illegally and with SP/FS/2005-20,000 XI-HC-78 \ji;T| •^||A|lAy,u>-c^'(l<is,|:6irti'('iy'{ mTOiB^-^'-^-*-!^- sn^sT'raw ("i^rfg^) v^^oe^ SIT^CTiRTR'li*' wnan^CTSBtiw ^ ^ ^- g^lTWtlIin 3TI^?T 1-t- ! have heard learned couns^l It is not disputed that'the a\ impugned order was in favour oftl'|i Company is non-applicant befor^ aggrieved by the impugned order initiating any proceedings and ther^ the instance of the insurance interference against the order in same can be exercised only when exercise of its jurisdiction il!egally 4 the present case, the Tribunal after) evidence and thereafter on the ba^ set aside the impugned order by ir^ ofthe above, 1 am of the opinion sufflcient reason for his nonappei preferred by the applicant is devoiej is dismissed. cbi<i[d41'f fiidT^'ft1^^ISrc^R fcaif^tan^n for the applicant. ^vard which has been set aside by the h|e claimant and the applicant/lnsurance the Tribunal. The c!aimant is not is he has not challenged the same by r^fore the order cannot be impugned at Co|npany. Even otherwise the scope of pivil Revision is very limited and the (he Sub-ordinate Court has acted in the )r with material irreguiarity. However, in Igiving opportynity to the parties tolead kis of the evidence avaiiabie on record iposing cost of Rs. 1 ,000/- and in view 1(iat the owner/non-appticant has given Irance on 20/12/2002 and the revision of merits and accordingly the revision Sd/- Dhirendra Mishra'^ ' Judgc