K.A. SWAMI Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 14-6-1984, passed by the first respondent in Misc. Appeal No. 89 of 1983 (Annexure-A). By the said order, the Motor Accidents Claims Tribunal Belgaum, 1st respondent (hereinafter be referred to as 'the Tribunal'), has issued a certificate under Section 110-E of the Motor Vehicles Act, 1939 (hereinafter be referred to as 'the Act') against the petitioner to the extent of Rs. 25,000/-.

(2.) THE 2nd respondent had filed a claim petition in M.V.C. No. 49 of 1977 against Bhavanji Karson Patel, Kantilal Karosa Patel and the New India Assurance Company Ltd., before the Tribunal. In that petition, there was an ex parte award passed in favour of the 2nd respondent. The petitioner filed an indemnity bond before the Tribunal for getting the ex parte award set aside. The bond executed by the petitioner is as follows:

(3.) THE Tribunal, on coming to a conclusion that it is open to it to issue a certificate having regard to the provisions contained in Section 145 of the Code of Civil Procedure, (for short, 'the Code'), has issued the certificate. It is the correctness of this order which is challenged by the petitioner in this petition.