MOTILAL SONI Vs. ISSRANI BUS SERVICE

JUDGEMENT

(1.) The present revision petition is filed against the order dated 5-1-1991, passed by the Claims Tribunal, Hoshangabad, in Execution Case No. 14/78, in which it has been held that the execution of the Award of recovery cannot be made from non-applicant No. 4 National Insurance Co. Ltd., Bhopal, as it was not a party to the original proceedings in which the Award was passed.

(2.) It is admitted position that a claim petition filed by the applicants-claimants, non-applicant No. 4 National Insurance Co. Ltd. was not a party to the proceedings and the non-applicants Nos. 1 to 3 owners and driver were ex parte and an ex parte award of Rs. 21,000/- was passed against the non-applicants Nos. 1 to 3 only on 114-1981. None of the parties challenged this Award.

(3.) It is only in execution application that the applicants-claimants filed an application for recovery of the amount awarded against the Insurance Company. According to the claimants, the bus which caused the accident was insured with it on the date of accident, in which death of their son Mr. Raju was caused by rash and negligent driving of the bus by Kishanlal (non-applicant No. 3). The bus is owned by the non-applicant No. 1 Issrani Bus Service, Bhopal, of Narayandas (non-applicant No. 2). The notice was issued to the non-applicant No. 4 Insurance Co., which admitted the position that the bus in question was insured with it at the time of incident, but they denied their liabilty to pay the compensation as they were neither noticed nor party to the Award.