NEW INDIA ASSURANCE CO. LTD Vs. PADUMI KONWAR

JUDGEMENT

(1.) THE New India Assurance Company Ltd. has come in appeal against the order dated 8-6-81 passed by the learned Member, Motor Accident Claims Tribunal, North Lakhimpur, whereby the petitioner's application under Rule 13 of Order IX of the Code of Civil Procedure was rejected. The respondent No. 1 in this appeal, had filed petition for compensation for the death of her husband in a motor accident on 21-12-69. In the said claim petition M/s. Howrah Insurance Company as insurer was also arrayed as opposite party. During the pendency of the claim petition with effect from 1-1-74, the Howrah Insurance Company merged with the New India Assurance Company Ltd., the present appellant. Even though M/s. Howrah Insurance Company had put in appearance in the motor accident claim case, after the merger with effect from 1-1-74, it appears that none appeared in the case and finally on 10-1-79 ex-parte award was made. The present appellant then applied for setting aside the ex- award. The learned Tribunal by the impugned order rejected the application, hence this appeal.

(2.) I have heard Shri A.K. Choudhury, learned Counsel for the appellant and Shri S.N. Chetia, learned Counsel for the claimants respondents.

(3.) THE impugned order dated 8-6-81 reveals that the learned Tribunal found that the appellant had been served with notice on 9-12-77. It appears that the said notice even though meant for M/s. Howrah Insurance Company, was served on the present appellant which with effect from 1-1-74 bad taken over the assets and liabilities of the said merged company, i.e. M/s. Howrah Insurance Company. In view of the fact that the said notice had been served on the appellant on 9-12-77, the learned Tribunal was quite justified and correct in taking the view that there was no ground to set aside the ex-parte award.