UNION OF INDIA Vs. JOGENDRA SINGH

JUDGEMENT

(1.) This is an appeal filed against the order dated 25.10.2004, passed in M.J.C. No.25/2004, passed by First Additional District Judge, Bilaspur, whereby an application preferred under Order 9 Rule 13 of Civil Procedure Code to set-aside the ex-parte award dated 29.08.2002, passed in claim case No.13/2002, was dismissed.

(2.) Brief facts which are involved in this case are that a claim petition was preferred by one Jogendra Singh, before the Claims Tribunal on the ground that due to rash and negligent driving of the vehicle bearing No. M.P.-26W-1146 driven by Harihar Ram, the appellant No.2, which dashed the claimant, the claimant had sustained severe injuries. It was also pleaded that the offending vehicle was owned by the appellant. Thereafter, a petition was preferred U/s.166 of the Motor Vehicle Act, claiming compensation of Rs.1,73,000/- before the Claims Tribunal, Bilaspur.

(3.) During the course of proceedings, the appellants remained absent before the Claims Tribunal and as such, the Court had proceeded ex-parte against them and eventually an ex-parte award was passed on 29.08.2002. Subsequently, an application under Order 9 Rule 13 of C.P.C. was filed on behalf of appellant to set-aside the such ex-parte award. After hearing, the said application was dismissed by the impugned order dated 25.10.2004, which is under challenged in this appeal.