1. In this writ petition, the petitioner, United India Insurance Co. Ltd. is challenging the execution proceeding in Execution No. 57 of 2004 pending before the court of the Additional District Judge and Motor Accidents Claims Tribunal, Chikmagalur; the execution proceeding has been filed by respondent No. 1 against the petitioner and respondent No. 2 to execute the award dated 10.10.2003 passed in the claim proceeding in M.V.C. No. 237 of 2000 awarding a compensation of Rs. 2,00,000 to the respondent No. 1 for the injuries suffered by him in a motor accident that occurred on 19.2.2000.

2. I have heard the learned counsel appearing for the parties. Learned counsel appearing for the petitioner insurance company submits that no notice of the claim proceeding in M.V.C. No. 237 of 2000 referred to above had been issued to the petitioner / insurer and hence in view of S.149 (2) of the Motor Vehicles Act, 1988, it is not permissible in law to execute the award as against the insurance company. He also submits that the insurance company was not arrayed as a party to the claim proceeding and in the award no liability is fixed on the insurance company.

3. The facts stated above are not in d