^a^ssy' »"<«<»» HIGH COURT OF CHHATTISGARH.BILASPUR Writ Petition (Art. 227) No.6140 of 2010 PETITIONER/: (Non-applicant No.3) RESPONDENTS/: (Applicants) (Non-applicant No.1) (Non-applicant No.2) The New India Assurance Co. Ltd. Through Divisional Manager New India Assurance Co. Ltd. Korba, District Korba Chhattisgarh. Versus 1. Rambai Kunwar, aged about 40 years, Wd/o Late LakhanLal Lahre 2. Ombai, aged about 18 years D/o Lakhan LalLahre 3. Om Prakash, aged about 14 years, S/o Lakhan Lal Lahre 4. Ashish Kumar, aged about 7 years, S/o Lakhanlal Lahre 3+4 Minor through Guardian Mother Rambai Wd/o Late Lakhanlal Lahre All resident of Quarter No.M/777 Ompur, Rajagamar Tahsil and Distt. Korba 5. Ranjit Singh, S/o Sigar Singh, aged about 35 years, resident of Quarter No. 105 Tatibandh Raipur Tahsil and District Raipur(C.G-) 6. Preetam, S/o Kartar Singh R/o Tati Bandh, Raipur Tahsil and District Raipur Chhattisgarh {Writ petition underArticle 227 ofthe Constitution of India} Present: Ms. Bul Bul Agrawal, Advocate appears on behalf of Mr. A.K. Athaley, counsel for the petitioner. None present for respondents No.1 to 4 though served. 1 Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORDER (28-9-2011) 1. I.A.No.2 for taking documents on record is allowed. Documents be taken on record. 2. By this writ petition under Article 227 of the Constitution of India, the petitioner Insurance Company has challenged legality and propriety of the orders dated 28-1-2010 and 5-3-2010 passed by the 2nd Additional Motor Accident Claims Tribunal, FTC, Korba in C!aim Case No. 11/2006, whereby the right to file written statement of the petitioner herein has been closed "^ <» -1 ^l^^.-:^.-.^ 1 ^g,^>—^1 ^ —^J^' . ^ ^:€/ and the written statement filed on behaif of the petitioner herein/non- applicant No.3 was not taken on record i.e. refused to take on record. 3. I have heard learned counsel for the petitioner, perused the orders impugned and copies of other documents. 4. As per the original claimpetition, non-applicant No.3, the petitioner herein, was made party mentioning astnsurance Company' only, no full address was given. Thereafter, the petitioner herein has prayed for grant of time for filing written statement which was denied. The petitioner herein has filed its written statement on 25-2-2010 with an application for taking the same on record. The application filed on behalf of the petitioner herein was dismissed vide order dated 5-3-2010 and the case was adjourned forwritten statement of non-applicant No.2, for 1-4-2010. 5. The orders impugned reveal that the petitioner herein was not serious in filing its written statement in due time, but on the date of passing such order, the case was at the stage of filing written statement. In case of claim under Section 166 of the Motor Vehicles Act normally, the Insurance Companies are held to be liable for payment of compensation. In these circumstances, proper opportunity to the Insurance Company is necessary. By passing the orders impugned, the Claims Tribunal has committed illegality. 6. Consequently, the petition is allowed and the orders impugned are hereby set aside. The Claims Tribunal shall take the written statement filed on behalf of thepetitioner herein on record and proceed further. No order as to costs. % 7. I.A.No.1 stands disposed of. Soma Sd/- T.P. Sharma Judge