ORIENTAL INSURANCE CO LTD Vs. ANJLEENA KHUNGER

JUDGEMENT

(1.) Vide the instant petition, the petitioner/Insurance Company seeks setting aside/modification of the impugned order dated 24.08.2011 and subsequent order dated 14.11.2011 passed by the learned Tribunal in M. No. 3/10 titled as Anjleena Khunger & Ors. Vs. Oriental Insurance Company & Ors., whereby an application under Order 9 Rule 13 CPC filed by the respondent/legal representative Nos. 1 to 4 of the deceased and respondent No.5 / owner of the offending vehicle for setting aside the ex parte judgment and award dated 04.05.2006 vide which recovery rights were granted to the petitioner/Insurance Company was allowed and the aforesaid award has been corrected vide order dated 03.06.2006.

(2.) The accident in the present case took place on 14.07.2003 and the claim petition has been filed before the learned Tribunal on 25.10.2003, wherein Respondent No.1, the driver was the sole proprietor of respondent No.2, owner (firm).

(3.) Petitioner was the respondent no. 3 before Tribunal.