JUDGMENT Jitendra Chauhan, J. 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. 4. The order dated 20.03.1995, of the learned Tribunal, dismissing the claim petition against owner-cum-driver, is also set aside in the interest of justice. The Insurance Company is at liberty to take all the pleas before the Tribunal, which are available to the owner-cum-driver. As the accident took place in the year 1993, the learned Tribunal shall make an endeavour to conclude the proceedings expeditiously, preferably within six months. The parties shall appear before the learned Tribunal on 04.04.2014.