DWARIKA PRASAD Vs. SHAKUNTALA DUBEY

JUDGEMENT

(1.) By this appeal the appellant has challenged legality and propriety of the order dated 11-5-2004 passed by the 2nd Additional Motor Accident Claims Tribunal, Baloda Bazaar in Miscellaneous Claim Case No. 20/2003, whereby application for setting aside the ex parte award was dismissed on the ground that notice was duly served upon the present appellant.

(2.) Order is challenged on the ground that no personal service effected upon the appellant only on the basis of publication of notice in the daily newspaper, learned Claims Tribunal proceeded ex parte against the appellant and on the application for setting aside the ex parte award the Claims Tribunal has dismissed the application and thereby committed illegality.

(3.) Facts of the case, in short, leading to the present dispute are that respondents No. 1 to 5 had filed claim petition under Section 166 of the Motor Vehicles Act, 1988 against the present appellant/owner of the vehicle before the 2nd Additional Motor Accident Claims Tribunal, Baloda Bazaar for claim of compensation. Notice was issued to the appellant, but personal service was not effected. Notice sent through registered post was also not effected whereupon notice was published in daily news paper and finally learned Claims Tribunal proceeded ex parte and ex parte award was passed. When the serving officer went to the appellant for execution of attachment warrant, application for setting aside the ex parte award was filed and the same was dismissed on the ground that the present appellant was appearing regularly before another Court of Additional Chief Judicial Magistrate, Baloda Bazaar where he was facing criminal trial for the offence punishable under Section 304-A of the IPC but has not appeared before the Claims Tribunal and was having knowledge of pendency of the present case.