Neutral Citation No. - 2025:AHC-LKO:7717 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 108 of 2025 Petitioner :- Arun Pratap Singh Respondent :- I.C.I.C.I. Lambord General Insurance Co. Ltd. Lko. And 4 Others Counsel for Petitioner :- Anurodh Kumar Srivastava Counsel for Respondent :- Anchal Mishra Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as Sri Ashutosh Pandey holding brief of Sri Anchal Mishra, learned Counsel for the opposite party. 2. The present petition has been filed seeking setting aside an order dated 28.10.2024 and for recalling of ex-parte award dated 06.11.2013. 3. The submission of the Counsel for the petitioner is that the vehicle in question was duly insured by the Insurance Company and a cover note to that effect has also been filed, however, this aspect was not taken care of and ex-parte award has been passed. The document on record shows that the petitioner has filed an order recall application, which was dismissed vide order dated 07.07.2018 and a second application was filed seeking for recall of the ex-parte award, which has been dismissed by means of the impugned order. 4. Considering the submission of the Counsel for the petitioner is that the insurance cover was duly produced but was not considered in its true prospective, the matter requires consideration. 5. Subject to the petitioner depositing an amount of Rs.10/- lac within a period of three months with the MACT, Lucknow, the present petition is disposed off with a direction to the MACT, Lucknow to recall the ex-parte award and shall pass an award on merits after considering the insurance policy as claimed by the petitioner. The petitioner and the respondent-Insurance Company would have the opportunity to argue on the factum of insurance. No other point shall be permitted to be argued by either of the parties. 6. The amount so deposited with the MACT, Lucknow shall be paid to the claimants on their furnishing adequate security. 7. In case of failure to pay the amount within three months from today, the order shall automatically vacated. Order Date :- 6.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench