AJAY RASTOGI,J. - (1.) Instant petition has been filed by registered owner of offending vehicle assailing ex parte Award dated 29/08/07 passed by Motor Accident Claims Tribunal, Baran ("Tribunal") U/s 140/166 of Motor Vehicles Act, 1988 ("the Act"); and so also order dated 29/08/08 of Tribunal, whereby Civil Misc. Appl.-150/2008 filed by petitioner under Order 9, Rule 13 , CPC, was rejected.
(2.) As alleged in the petition, respondent No. 2 (claimant) filed claim petition U/s 166 of the Act for alleged accident taking taken place on 16/11/05 in which claimant met with an accident with offending Tractor No. RJ-28-R-5782 of which petitioner is registered owner and due to accident, claimant sustained injuries. Since petitioner got his Tractor released after service of notice on address of his residence at Khuri, Tehsil Atru (Baran) which was the address mentioned by claimant in his claim petition also, on which address, when notices were issued in claim petition, it was returned with the remarks that addressee has refused to accept. Taking note of sufficient service upon petitioner, ex parte proceedings were initiated against petitioner due to his non-appearance on 28/06/07 (Ann.1) and taking note of contents of claim petition and evidence adduced by claimant and so also the insurer, ex parte Award was passed by Tribunal on 29/08/07 (Ann.2) holding petitioner to be liable for payment of compensation.
(3.) However, execution proceedings were initiated against petitioner and on application filed by claimant that judgment debtor is now residing now in Dandotia Ji Ki Badi Tel Factory, Baran, recovery warrant may be issued on such postal address (supra). At this stage, notice of execution petition was served upon, as advised to him, he filed application for re-calling of ex parte Award dated 29/08/07 (Ann.2), but was dismissed by Tribunal vide order dated 29/08/08 (Ann. 6).;