AZEEZ Vs. ACHIAMMAL

JUDGEMENT

(1.) THE petitioner is second respondent in M.C.O.P. No. 77 of 1995 on the file of the Motor Accident Claims Tribunal, (Additional District Judge -Cum -Chief Judicial Magistrate), Nagercoil. The first respondent in the M.C.O.P. is said to be a transferee of the vehicle belonging to this petitioner. The claim petition was filed for grant of award of compensation of Rs.1,00,000/ - from these petitioners on account of the death of a boy who was the son of the first respondent. The seventh respondent by name, A.Ramesh, a minor, expired and it is represented by the learned counsel for the petitioner that since he is the son of the first respondent, no steps to implead legal representatives for him need be taken and the mother namely, the first respondent, may be treated as his legal representative.

(2.) THE claim petition was dismissed for default on 7.7.1996 and the same was restored on the file on 11.9.1997.

(3.) THE Tribunal passed an ex parte award on 18.2.1998 setting the respondents ex parte and awarding the compensation as claimed in the claim petition. Thereafter, the claimants levied execution proceedings in E.P. No.41 of 2005 for arrest and on receipt of the notice from the E.P. only he came to know of the Court proceedings and it is stated that the petitioner had no knowledge about the passing of the ex parte award. He filed an application to set aside the ex parte award along with the application to condone the delay of 3235 days under Section 5 of the Limitation Act.