1 IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 395 of 2015 HDFC ERGO General Insurance Company Ltd., Bistupur, Jamshedpur, East Singhbhum through Pratik Choudhury, Assistant Manager, Claims (Legal), 3rd Floor, OSL Tower, OSL Automobiles, Badambari, Cuttack- 753009, Orissa .... .... Appellant Versus 1. Vikash Kumar Singh @ Vikash Kumar, S/o Sri R.P. Singh, R/o of H.N.- 06, Road No. -02, Gitti Machine, Chhota Govindpur, P.O. & P.S.- Govindpur, Jamshedpur, Dist.-East Singhbhum, Jharkhand. 2. Vishal Yadav, S/o Late Ram Bilash Yadav, R/o H.No. 532, Bara Flat Sidhgora, Jamshedpur, P.O.-Agrico, P.S.-Sidgora, Jamshedpur, Dist.- East Singhbhum, Jharkhand. … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellant : Mr. Peeyush Krishna Choudhary, Advocate For the Respondent No. 1 : Mr. R.P. Gupta, Advocate Ms. Sudha Gupta, Advocate ------ Order No. 09 / Dated : 29.01.2025. 1. The insurance company has preferred this instant appeal against the award of compensation in which liability has been fixed on the insurance company. 2. Notice was earlier issued on respondent no. 2, who happens to be the owner-cum-driver of the offending vehicle, but it has returned unserved. On earlier occasion also, notices were issued on respondent no. 2. 3. In view of the fact that the liability has been fixed on the Insurance Company and no appeal has been preferred by the insurance company, therefore, service of notice on the owner-cum-driver (Respondent No. 2) can be dispensed with. Under the circumstance, service of notice on respondent no. 2 is dispensed with. 4. It is argued by the learned counsel on behalf of the appellant that the insurance company is aggrieved for the fact that the owner was not heard and the compensation case proceeded ex-parte against him. 5. I find the argument to be strange as to how the insurance company is aggrieved as the owner was not heard in the case, when insurance is admitted and breach of policy has not been pleaded. 6. On perusal of memo of appeal, I do not find any ground for admission 2 of the appeal. No specific ground has been pleaded in the memo of appeal and no evidence has been led on behalf of the insurance company to show that there was any breach of terms and conditions of the insurance policy. Under the circumstance, I do not find any merit in the instant appeal which stands dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/-