RAJNISH KUMAR, J. - (1.) The instant appeal has been filed against the judgment and award dated 30.11.2010, passed by the Motor Accident Claims Tribunal/Additional District Judge Court No. 1, Sitapur in Motor Accident Claim Petition No. 269 of 2003, by means of which the Claim Petition has been allowed for an amount of Rs. 1,77,000/- against the appellant alongwith 7% simple annual interest from the date of filing of the claim petition. It has further been provided that after payment of the amount the same would be distributed in accordance with the directions of the Hon'ble Supreme Court in the case of Sushma Thamos.
(2.) The claim petition was filed by the respondent nos.2, 3 and 4, who are the husband and children of the deceased Smt. Ranno Devi. The claim petition was filed with the averment that late Smt. Ranno Devi was coming back from toilet at the road side on 05.08.2003, suddenly a Truck bearing No. HR-37-B-6348 hit her, in which Ranno Devi died leaving behind her husband and two children. It appears that the claim petition was allowed exparte vide judgment and award dated 18.08.2004 by the Motor Accident Claims Tribunal.
(3.) On coming to know about the judgment and award through the recovery notice issued by the Claims Tribunal, which was served on the appellant through Tehsildar, the appellant moved a recall application before the Claims Tribunal on 30.09.2008. The recall application was allowed and the judgment and award dated 18.08.2004 was set aside and the appellant was allowed to file his written statement. The written statement was filed by the appellant on 22.02.2010.;