SHESH MANI SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant. Motor Accident Claim Petition No. 1 of 2005 by Union of India through Commanding Officer, respondent No. 1 in this appeal, was filed against the vehicle owner (appellant), Oriental Insurance Company-respondent No. 2 and Karamat Ali driver of the vehicle, respondent No. 3. The said claim petition was decided on 21.4.2006 by Motor Accident Claims Tribunal/ Additional District Judge, Court No. 1, Pilibhit directing payment of Rs. 73,909 by the Oriental Insurance Company and thereafter the insurance company was permitted to recover the amount from the appellant.

(2.) Inspite of sufficient service appellant had not appeared before the Tribunal. Thereafter, he filed restoration application which was registered as Misc. Case No. 11 of 2009. The Motor Accident Claims Tribunal dismissed the restoration application on 14.5.2010 which order has been challenged through this F.A.F.O.

(3.) In the claim petition appellant was represented by a counsel. However, subsequently he took up the case that he had not engaged any counsel and no notice of the claim petition was served upon the appellant. It has been stated that engagement of Shri Nihal Ahmad as counsel for the appellant before the Tribunal below was the result of a fraud, forgery and manipulation.