UNITED INDIA INSURANCE CO. LTD Vs. KAMAR JAHAN

JUDGEMENT

(1.) THESE two Appeals (MAC APP 469/2011 and MAC APP 470/2011) arise out of a common judgment dated 07.01.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.4,84,700/- was awarded in favour of the Respondents No. 1 to 4 and Respondents No. 1 to 6 in each of the Appeals.

(2.) THE only ground of challenge raised at the time of hearing of the Appeal is that the Appellant Insurance Company successfully proved the breach of the terms of policy as envisaged under Section 149 (2) (a) (ii) of the Motor Vehicles Act, 1988 (the Act), yet instead of exonerating the Appellant Insurance Company, it was made liable to pay compensation. Even the recovery rights were not granted.

(3.) LEARNED counsel for the Appellants contends that a notice under Order XII Rule 8 CPC (Ex.R2W1/D) was duly served upon Irfan Ali Respondent No.7 (in MAC APP 469/2011) and Respondent No. 5 (in MAC APP 470/2011). He preferred not to contest the proceedings before the Claims Tribunal and was ordered to be proceeded ex-parte. He failed to respond to the notice Ex.R2W1/D.