KRIPAL SINGH Vs. KAILA

JUDGEMENT

(1.) THIS appeal under Sec. 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) is directed against the award of Motor Vehicles Claims Tribunal (hereinafter referred to as the 'Tribunal') dated 28th May 1975, awarding a sum of Rs. 30,000/- as compensation to the respondents.

(2.) GOPAL Singh died in an accident on 14-7-1971. The vehicle involved in the accident was a public carrier bearing number USD 9944, which was owned by Sri Kripal and insured by the New India Insurance Co. The parents of the deceased Smt. Kaila and Ram Kishan filed claim petition before the Tribunal claiming compensation in the sum of Rs. 30,000/- for the death of their son, GOPAL Singh. The owner of the truck and insurance company, both, contested the claim petition. After framing of issues December 14, 1973 was fixed for final hearing. On that date case could not be taken up, subsequently, the case was taken up on 19-5-1975 for hearing. On that day the claimants were present before the Tribunal but the owner and the insurer, both were absent. The Tribunal proceeded ex parte and it directed the claimants to give evidence by filing affidavits, although no order as contemplated by Order 9 Rule 6 (1) (a) of the Code of Civil Procedure was passed. An application for setting aside the ex parte order was made on behalf of the owner and insurer on that very day but the Tribunal rejected the same. They again made an effort for setting aside the ex parte order on 26-5-19.75, hut the Tribunal again rejected their application. The Tribunal thereafter gave the award on 28th May 1975, awarding a sum of Rs. 30,000/- to the claimants recoverable from the owner and the insurer placing reliance on the affidavits filed by the claimants.

(3.) WE, therefore, allow the appeal, set aside the order of the Tribunal and remand the matter to the Tribunal to decide the claim petition in accordance with law at a very early date. During the pendency of the proceedings before the Tribunal, no proceedings shall be taken for recovery of Rs. 15, 000/-which has been paid to the claimants under the orders of this (court ?). The parties shall bear their own costs. Appeal allowed.