- (1.) Aggrieved of the order dated 16th May, 2009 and 10th December, 2008, so also the ex-parte award dated 3rd September, 2007; the petitioner has instituted the present writ application praying for the following relief(s): "(i) quashing and setting aside the impugned orders dated 16.5.2009 (Annex.5) and 10.12.2008 (Annex.3); (ii) allowing the application filed by the defendants-petitioners under O.9 R.13 r.w. Sec.151 CPC for quashing and setting aside the ex-parte award dated 3.9.2007 (Annx.1) passed by the learned Motor Accident Claims Tribunal, Ajmer in MAC Case No.468/05; or in the alternative. (iv) directing the learned Tribunal to pass fresh award after affording proper opportunity of leading evidence and hearing to the petitioner. (v) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, may also be passed in favour of the petitioner."
(2.) Briefly, the essential skeletal material facts are that two claim petitions were instituted arising out of the same Motor Accident before the Motor Accident Claims Tribunal, Ajmer, adjudicated upon by a common award dated 3rd September, 2007.
(3.) The petitioner non-claimant, in claim petition No.468/2005, instituted an application under Order 9 Rule 13 CPC on 30th April, 2008, with a prayer to set aside the exparte proceedings and award dated 3rd September, 2007. For none appeared on behalf of the petitioner; the application under Order 9 Rule 13 CPC, was again dismissed for want of prosecution on 10th December, 2008.;