SHANKARSAN NAYAK Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) Heard Mr. S. Udgata, learned counsel for the petitioner and Mr. S. Roy, learned counsel for opposite party No. 1.

(2.) The petitioner, being the owner of the offending vehicle, has filed this writ application assailing the award dated 11.10.1999 passed by the learned Addl. District Judge-cum-Second Motor Accident Claims Tribunal, Rourkela in M.A.C. Case No. 153/71 of 1992-97 wherein the learned Tribunal has passed the impugned award stating that owner the present petitioner (opposite party No. 1 in Court below) was driving the offending vehicle without having valid driving licence as he was not the person duly authorized to drive the vehicle. It was further observed that the Insurance Company-opposite party No. 1 (opposite party No. 2 in the Court below) is not liable to pay the compensation but opposite party No. 1 in the Court below petitioner herein, is liable to pay the compensation.

(3.) Mr. S. Udgata, learned counsel for the petitioner submits that the impugned award has been passed without giving an opportunity of hearing to the petitioner after transferring the matter from Sundargarh to Rourkela, thereby the learned Tribunal has committed illegality and irregularity while passing the impugned award.