VINOD KUMAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) MOTOR Accident Claim Petition No. 207 of 2000 was instituted by the present writ petitioner with reference to an accident which is said to have taken place on 26.08.1999. The award was made in favour of the claimant by the Tribunal on 15.03.2005. The award was ex parte to the owner of the vehicle involved. The son of the owner of the vehicle made a recall application alleging therein that the case has proceeded against a dead person inasmuch as the registered owner of the vehicle had expired on 08.02.2001. On the application so made, the ex parte award against the owner was recalled and the amount deposited by the Insurance Company in terms of the ex parte award, was invested in F.D.R. with a nationalized bank. At this stage the petitioner made an application raising objection to the recall application and the order directing the deposit of the money in the F.D.R. By means of the order dated 07.02.2009 the objection has been rejected after noticing the relevant fact. It has been recorded that nobody was present on behalf of the writ petitioner to press his objection paper no. 69. The MOTOR Accident Claim Tribunal had directed that the amount may remain deposit in F.D.R. with a nationalised bank and no payment be made to the claimant. It is against this order that the present writ petition has been filed. Having heard learned counsel for the parties and having gone through the records of the present writ petition, I am of the considered opinion that since an application for recall of the ex parte award made by the owner of the vehicle on the ground that the case has proceeded ex parte against registered owner who had expired in the year 2001 itself, it would be in the interest of justice to direct the Tribunal to consider the application so made by the son of the registered owner on merits, in a time bound manner and the amount of compensation awarded may accordingly be directed to be paid thereafter. In view of the aforesaid the present writ petition is disposed of by requiring the MOTOR Accident Claim Tribunal to decide the application made by the son of the owner of the vehicle. It shall be open to the writ petitioner to raise all such objections as he may be advised qua the maintainability of the recall application. It goes without saying that the Tribunal shall examine all aspects of the matter strictly in accordance with law. The aforesaid exercise may be completed within four months from the date a certified copy of this order is filed before the Tribunal. After the application is decided the Tribunal shall also pass appropriate orders qua the money invested in F.D.R's.