HITENDRA KUMAR DIWAN Vs. KIRAN VERMA

JUDGEMENT

(1.) The instant appeal is directed against the award dated 04.07.2006, passed by the IIIrd Additional Motor Accident Claims Tribunal, Jagdalpur (for short 'the Tribunal') in miscellaneous claim case No. 01/05, whereby and whereunder the appellant's application filed under Order 9 Rule 13 of CPC for setting aside exparte award has been dismissed holding it as time barred.

(2.) The brief facts of the case are that, on 16.12.1998, Tribunal passed the award in claim case No. 21/97 alongwith other claim case Nos. 22/97, 23/97 and 24/97, awarding compensation in favour of claimants holding the appellant herein liable as owner of the vehicle, exonerating the insurance company from its liability to pay compensation on the ground of breach of policy. The Tribunal proceeded ex- parte against the appellant on 27.07.1998 and thereafter, award was passed ex-parte against the appellant.

(3.) The appellant herein filed an application under Order 9 Rule 13 of CPC alongwith application under Section 5 of the Limitation Act inter-alia on the ground that the appellant has engaged the counsel and used to appear through his counsel in the case and only in case of necessity the appellant personally used to appear before the Tribunal. He came to know about the award dated 16.12.1998 on 09.04.2005 through his Advocate friend Shri Arun Das and then he came to know that on 27.07.1998 the Tribunal has proceeded ex-parte against him. It was further stated that in other similar cases, the insurance company has been held liable. His Advocate never informed him about the ex-parte proceeding in the case, and therefore, ex-parte decree award deserves to be set aside and the delay, if any, deserves to be condoned.