NATIONAL INSURANCE CO LTD Vs. MOHAN

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that though application for impleading the Motor Accidents Claims Tribunal, Bhilwara has been filed but, looking to the facts of the case, there is no need to issue notice to the Tribunal.

(2.) Heard learned counsel for the parties.

(3.) Brief facts of the case are that a claim petition under the provisions of the Motor Vehicles Act was filed by the claimants impleading petitioner insurance company also as a party. On the application filed under section 140 of the Motor Vehicles Act, the learned Motor Accidents Claims Tribunal, Bhilwara passed interim award and in pursuance of which the petitioner insurance company paid the amount as ordered by the Tribunal by submitting a cheque with application dated 25.7.1997. Insurance company submitted the cheque under protest so that they may recover the amount either from the owner of the vehicle or from the applicants. The case was fixed by the Motor Accidents Claims Tribunal for proceedings on 6.1.1999; but, on 20.11.1998, an application was submitted purporting to be a compromise between the claimants and the owner of the vehicle wherein the claimants agreed that the matter has been settled between them and the owner of the vehicle, therefore, claimants do not want to proceed with the claim. On this application, learned Motor Accidents Claims Tribunal, Bhilwara dismissed the claim petition as withdrawn by order dated 20.11.1998.