UNITED INDIA INSURANCE CO LTD Vs. SHAMIMBANOO

JUDGEMENT

(1.) THIS revision petition presented under Section 115 of the Code of Civil Procedure, 1908 (for short, 'the Code'), is directed against the order dated September 29, 1993, passed by III Additional Member, Motor Accidents Claims Tribunal, Dewas, in Claim Case No. 6 of 1990 thereby dismissing two applications moved under Order 13, Rule 10 and Order 16, Rules 1 and 2 of the Code by the applicant of this case.

(2.) BRIEFLY stated the facts of the case are that NA has filed the claim case for the award of compensation. In this case, the owner and driver of the vehicle insured with the applicant remained ex parte and did notcontest the claim. The applicant wanted to contest the same on the grounds available to the aforesaid persons in terms of Section 170 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The aforesaid provision contained as under :

(3.) HAVING heard learned counsel, I am satisfied that the aforesaid approach is not in conformity with the law as stated under Section 170 of the Act and as such the Tribunal has failed to exercise jurisdiction vested in it by law. The error in procedure fraught with material consequences can be corrected even without hearing the other side because no right or liability is being adjudicated in such exercise.