UNITED INDIA INSURANCE CO. LTD. Vs. SANGITA

JUDGEMENT

(1.) THE appellant -an Insurance Company has filed this appeal against an award dated 5.2.1997 passed by MACT, Dhar in Claim Case No. 19/ 1995. By impugned award, the claim petition filed by the legal representatives of deceased Arjun was partly allowed and a total sum of Rs. 4,51,500/ - was awarded.

(2.) HEARD Mr. S.S. Swami for the appellant and Mr. Ravi Agrawal for respondent Nos. 1 to 5.

(3.) HAVING heard the learned Counsels for the parties and having perused the record of the case, we find no merit in this appeal. In our considered opinion, the appellant -an Insurance Company who did not contest the case before the Tribunal and remained ex parte throughout has no defence to stand. In other words, nothing prevented the appellant from filing its written statement and contest the claim petition on merits on the limited defences available to them under the Motor Vehicles Act. When the appellant failed to avail of an opportunity to contest the claim petition it has no right to impugn an award for want of no material on record at their instance.