FAO No.2131 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2131 of 2010 (O&M) Date of decision: 20.12.2011 Sonu and another ....Appellants Versus Lata Behl and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Avtar Krishan, Advocate for Mr.JP Singh, Advocate for the appellants Mr.SC Chhabra, Advocate for respondent Nos. 1 to 3. Mr.Vinod Gupta, Advocate for respondent No.4- Insurance Company ***** Jitendra Chauhan, J.(Oral) The driver and owner of the offending vehicle, through present appeal have assailed the impugned award dated 12.1.2010, passed by the learned Motor Accident Claims Tribunal, Ferozepur, (for short 'the Tribunal') vide which, the claim petition was accepted and the appellants was held liable to pay the compensation amount. The brief facts of the case, as recorded by the learned Tribunal, are that Harmesh Kumar Behl died in a motor vehicle accident, caused by appellant No.1, while driving the car bearing registration No.PB -05M -8463, in a rash and negligent manner. The claimants i.e. wife, son and FAO No.2131 of 2010 (O&M) 2 daughter filed a claim petition, which was accepted. Earlier the Insurance Company was arrayed as one of the parties, but the appellants could not disclose the particulars of the Insurance Company, therefore, the learned Tribunal deleted the Company from the array of the respondents. The learned Tribunal held the appellants, being the driver and owner of the offending vehicle, liable to pay the compensation to the claimants. The appellants also filed an application i.e. CM No.10354-CII of 2010 alongwith the appeal, for impleading the Insurance Company as party, as well as CM No.10355-CII of 2010 for leading additional evidence. CM No.10354-CII of 2010 was allowed by this Court on 10.8.2010, and the Insurance Company was ordered to be impleaded as Respondent No.4, in the memo of parties. Learned counsel for the appellants has contended that the offending car was insured with the New India Assurance Company Limited vide policy No.360700/31/08/02/00004286, (Annexure A-1) valid from 9.12.2008 to midnight of 8.12.2009, whereas the accident occurred on 12.2.2009. But after the accident, the vehicle was left unattended in an open place, near the main road and the relevant papers relating to the insurance of the vehicle were lost and therefore, earlier the appellants could not disclose the name of the Insurance Company. On the other hand, learned counsel for newly added respondent No.4 -Insurance Company has admitted that the offending vehicle was insured with the company, as per the aforestated policy (Annexure A-1). In view of the above, this appeal is accepted, the impugned Award is set aside on issue No.2 only and the appeal is remanded back to FAO No.2131 of 2010 (O&M) 3 the learned Tribunal to consider Annexure A-1, the Insurance Policy and decide the matter afresh on the limited issue of liability to pay the compensation. It is further directed that the learned Tribunal shall implead the New India Assurance Company Limited, Branch Office, SUS Chowk, Malwal Road, Ferozepur City as a respondent, in the main claim petition. The learned Tribunal shall make endeavour to decide the same as expeditiously as possible, after affording full opportunities to the parties. The parties to appear before the learned Tribunal on 23.1.2012. The present appeal stands disposed of accordingly. The record requisitioned be sent back to the learned Tribunal. 20.12.2011 (JITENDRA CHAUHAN) gsv JUDGE