ORIENTAL INSURANCE COMPANY LIMITED Vs. RAMDHAN

JUDGEMENT

(1.) ALTHOUGH the matter is listed for ascertaining service of notice on respondent Nos.2, 3 and 5, however, on examining the matter in its entirety, this Court feels that service of notice on the unserved respondents is not necessary for adjudicating the lis involved in the matter. Therefore, service of notice on the unserved respondents is dispensed with. With the consent of the rival parties, matter is heard finally at this stage.

(2.) THE petitioner -Insurance Company has laid this writ petition imploring annulment of order dated 27th April, 2012 passed by the Judge, Motor Accident Claims Tribunal, Shahpura (for short, 'the learned Tribunal') in Case No.268/2010, whereby the application of the petitioner - Insurance Company, for its deletion from the array of non - claimants in the claim petition, was dismissed.

(3.) MR . Mukul Singhvi, learned counsel for the petitioner, has argued that although the cheque was tendered by the owner of vehicle, but the same has not been encashed, and therefore, the contract of insurance has not been completed. Thus, he submits that the order impugned is contrary to law and cannot be sustained. Mr. Mukul Singhvi has also urged that the learned Tribunal has not taken note of a very vital fact that the Insurance Company has already cancelled the insurance six months prior to the occurrence of the accident, and therefore, the impugned order is vitiated and cannot be sustained.