NATIONAL INSURANCE CO LTD Vs. RAISINGBHAI SHANABHAI PARMAR

JUDGEMENT

(1.) Heard learned advocate Mr.Dakshesh Mehta for the appellant. Perused the record.

(2.) Notice upon respondent no.3 is unserved but considering the fact that otherwise also respondent no.3 was served by publication of his notice in gazette even before the Tribunal and when he has absent before the Tribunal and thereby, when matter was decided ex-parte against him and more particularly on scrutiny of record and proceedings when there is no substance in appeal, notice upon unserved respondent no.3 is waived. For the purpose reliance can be placed on decision in the case of A. Robert V/s. United India Insurance Company Limited, 1999 AIR(SC) 2977 and order XLI Rule 14(4). of the Civil Procedure Code.

(3.) The sum and substance of the appeal by the Insurance Company is to the effect that there was no proper evidence on record regarding insurance policy in favour of the owner of the vehicle which was involved in the accident and therefore, Insurance Company should not be held responsible to indemnify such owner.