NEW INDIA ASSURANCE COMPANY LIMITED Vs. C PADMA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5-12-1996 passed by the High Court.

(2.) Briefly stated the facts leading to the filing of the present appeal arise out of the following circumstances. In a motor accident, which took place on 18-2-1989, the respondents sustained bodily injuries. The claim petition was filed on 2-11-1995, claiming compensation of Rs. one lakh. The Claims Tribunal rejected the plea of limitation raised by the appellant herein and awarded compensation of Rs. 45,000/-. The revision petition, filed by the appellant, was also dismissed by the High Court on 5-12-1996.

(3.) We have heard Mr. Sunil Kapoor, learned counsel for the appellant respondents Nos. 1 and 2 were put to notice. The office report dated 24-7-2003 disclosed that the notice was served on respondent No. 1 on 14th October, 1997 by affixing notice on the door of the house of respondent No. 1. A certificate of the High Court dated 24th October, 1997 indicates that respondent No. 2 had refused to accept the notice and the same was affixed on the door of her given address. The respondents are, therefore, not represented before us.