Prakash Tatia, J. - (1.) THIS appeal is against the order dt. 06.09.2005 passed by the Motor Accident Claims Tribunal, Bali camp Sumerpur District Pali in Misc. Case No. 35/2003. By this order, the Tribunal dismissed the applicant - appellant 's application moved under Order 9 Rule 13, C.P.C. for setting aside of the award dt. 23.11.1998.
(2.) BRIEF facts of the case are that due to death of one Sika Ram which took place on 08.10.1992, the claim petition was filed by the descendants of said Sika Ram claiming compensation of Rs 7,30,000/ -. The appellant and his son has been impleaded as party in the claim petition because of the reason that according to the claimants the appellant was the owner of the vehicle and his son Mohan Lal was the driver. Two other persons Chuna Ram and Deva Ram were also impleaded in the claim petition stating that Deva Ram is also driver sitting with the driver Mohan Lal and Chuna Ram is also owner of the vehicle. The Tribunal issued notice of the claim petition which alleged to have been served upon Mohan Lal and Rega Ram. Mohan Lal signed the notice and Rega Ram put his thumb impression on the back of the copy of notice. Neither the appellant Raga Ram appeared nor his son Mohan Lal appeared before the Tribunal and the Tribunal proceeded ex -parte. The Tribunal vide award dt. 23.11.1998 awarded compensation of Rs. 2,95,000/ -. The award was passed against above Raga Ram and the other non -applicant Nos. 3 and 4. The Tribunal dismissed the claim against the appellant 's son Mohan Lal and as no particulars of the Insurance Company was submitted, therefore, the claim against unknown Insurance Company was also dismissed.
(3.) THE applicant -appellant submitted application under Order 9 Rule13, C.P.C., before the Tribunal on 19.08.2003. The appellant alleged that the notice of the claim petition was not served upon him. He stated that he came to know about the award when he received a notice on 10.07.2003 for recovery of the claim amount from the appellant. Thereafter he obtained copy of the award and submitted this application.;