NATIONAL INSURANCE CO. LTD., Vs. J.DON BOSCO

JUDGEMENT

(1.) The appellant-Insurance Company is before this Court challenging the judgment and award dated 30.04.2011, passed by the III-Addl. Senior Civil Judge and Member MACT, Dharwad (for short "the tribunal) in MVC No.344/2008.

(2.) The short ground, which is required to be considered in the appeal is whether the tribunal could have allowed the claim petition when the insured/owner against whom the claim had been filed remained un- served and the claim petition had been dismissed against the said insured.

(3.) In the present facts, respondent No.2 before the tribunal was owner of the vehicle, though notices were served on several occasions, service was not successful. Taking note of the same, the claimant having not taken any further steps by way of paper publication or otherwise, the claim petition against the insured came to be dismissed by the tribunal. Despite the said dismissal, the tribunal proceeded with the matter and awarded an amount of Rs.2,80,000/- as compensation.