KRISHNA THEERTHE GOWDA S/O MATADAIAH Vs. SRI R. RAJESH S/O S. RAMU AND TATA AIG GENERAL INSURANCE CO. LTD. REP. BY ITS SENIOR MANAGER SRI ALOK GUPTA

JUDGEMENT

(1.) PETITIONER is aggrieved by the order dated 14.01.2011 passed by the XIV Additional Judge of the Court of Small Causes, Bangalore, thereby rejecting Misc. No. 165/2008 filed by the Petitioner under Order 9 Rule 9 Code of Civil Procedure. The said petition was filed seeking to set aside the judgment and award dated 22.01.2008 passed in MVC No. 659/2007.

(2.) IT is the ease of the Petitioner that he was arrayed as Respondent. No. 1 in MVC No. 659/2007 filed by the 1st Respondent herein seeking compensation clue to the personal injuries suffered by him in a motor vehicle accident. Petitioner being the owner of the vehicle was arrayed along with the 2nd Respondent - Insurance Company as one of the Respondents. If is his further case that though service of notice of the claim petition was not duly effected on him the Claims Tribunal placed him exparte and passed the judgment and award dated 22.01.2008 holding him liable to pay compensation. Having learnt about the judgment and award passed Petitioner moved the Court, below by filing Misc. No. 165/2008 seeking to set aside the judgment and award and to restore the claim petition to provide him an opportunity to contest the case. The Court, below has found that the Petitioner was in fact served with notice and therefore, there was no justification to allow the miscellaneous petition. As a result the Misc. Petition was dismissed.

(3.) WRIT Petition is therefore, allowed. The impugned order is set aside. The matter is remitted back to the Tribunal to reconsider the miscellaneous petition after affording air and reasonable opportunity to both the parties.