- (1.) By this writ petition by the petitioner (non-applicant owner of the vehicle), has challenged order dated 05 th February 2011 passed on an application filed by the petitioner under Order 9 rule 13 CPC (along with application under sec.5 of the Limitation Act) in Civil Misc. Petition No.01/2010, whereby the Motor Accident Claims Tribunal (Additional District Jduge, Fast Track No.5), Udaipur rejected above said application.
(2.) As per facts of the case, in Claim Petition No.795/05 (231/04) filed by the claimant Narendra Kumar, which was allowed by learned Tribunal vide judgment & award on 24 th September 2008; the petitioner filed an application under Order 9 rule 13 CPC along with application under sec.5 of the Limitation Act for condonation of delay, praying for setting aside the MACT award passed against him on 24 th September 2008, stating therein that the claimant Narendra Kumar has filed claim petition before the Tribunal on 05 th April 2004 against present petitioner Bhupendra Kumar and New India Insurance Co. Ltd. Summons were duly served but the petitioner did not appear before the Tribunal and ex parte proceeding was drawn against him on 26 th June 2004. The insurance company contested the case and after completion of the trial, learned Tribunal passed award on 24 th September 2008 granting compensation of Rs.55000/- along with interest at the rate of 9 per cent per annum.
(3.) After passing of the award dated 24 th September 2008, the Insurance Company filed an application under sec.174 of the Motor Vehicles Act before the learned Tribunal, for recovery of the amount of award, which was disbursed by it to the claimant, from the petitioner. Upon that Execution Petition No.14/2009, proceeding was registered and Tribunal issued a certificate of recovery against the petitioner, to the Collector under Public Demand Recoveries Act. Thereupon, the petitioner filed application for setting aside of the award dated 24 th September 2008, which was dismissed by the order impugned dated 05 th February 2011.;