- (1.) The instant appeal has been preferred by the appellant-Insurance Company, against the impugned award dated 09.06.1999, passed by the learned Motor Accident Claims Tribunal, Gurdaspur, (for short, 'the Tribunal'). I have heard learned counsel for the parties and gone through the record.
(2.) It is admitted position of the parties that claim petition against respondent No. 2, owner-cum-driver, of the offending vehicle, i.e. Maruti Van bearing registration No. JK-02-C-3710, was dismissed on 20.03.1995, under Order 9 Rule 2 of the Code of Civil Procedure, therefore, neither the appellant had an opportunity to put forth its assertion, nor the claimant had any opportunity to cross-examine him. Thus, the case of the appellant-insurance company was prejudiced.
(3.) Keeping in view the peculiar facts and circumstances of the present case, this FAO is allowed; the impugned order award dated 09.06.1999, is set aside; and the matter is remanded back to the learned Tribunal for adjudication afresh, after affording opportunity of hearing and leading evidence to the respective parties, in accordance with law.;