Dr. Vineet Kothari, J. - (1.) This writ petition has been filed by the owner of the offending vehicle. namely. tractor No. RJT-1273, who hit the cattle cart on 6/8/1989 at 9.00 a.m. on Vaiad-Jaisalmer Road and consequently the owner of the said cattle cart - Ada Ram fell down and died. The deceased Ada Ram was aged 30 years at the time of accident.
(2.) The mother of the deceased, Panchi Devi w/o Bhana Ram filed the said claim against the present petitioners, since the vehicle in question was not insured by any insurance company and since the owner of the tractor did not appear before the Motor Accident Claims Tribunal, Pali, the claim was decided ex parte and the Tribunal awarded Rs. 1,30,000/- in favour of claimant vide award dated 7/9/1998.
(3.) The present petitioner - non applicant Mohan Ram - owner of the tractor, filed an application under Order 9. Rule 13 Civil Procedure Code for setting aside the ex parte award, which was dismissed by the learned Tribunal on 24/9/2002.;