ATAM PAL Vs. HARDEVA

JUDGEMENT

(1.) The appellant has filed this appeal for setting aside the order dated 23.9.2003 passed by the Motor Accident Claims Tribunal (Special Judge, S.C./S.T. Act) Basti in Misc. Case No. 29 of 2001 rejecting the application No. 3Ka moved for setting aside the judgment and award dated 31.8.2001 passed in Motor Accident Claim Petition No. 63 of 1990.

(2.) The brief facts giving rise to this appeal are that in Motor Accident Claim Petition No. 63 of 1990, the appellant was one of the opposite parties and he absented on 24.8.2001, the date which was fixed for hearing of the above claim petition. An order was passed to proceed ex parte against the appellant and ultimately on 31.8.2001 the award was given against the appellant ex parte. In this application for restoration the appellant pleaded that he had not absented deliberately on the date of hearing of the above petition. He contended that he had been ill from 19.8.2001 to 29.9.2001 and therefore, he could not appear before the Tribunal. He prayed for setting aside the judgment and order dated 31.8.2001 restoring the Claim Petition and giving him opportunity to contest the case.

(3.) The above application of the appellant for restoration was opposed before the Tribunal by the opposite parties who denied the contention of the appellant about his illness from 19.8.2001 to 29.9.2001. According to them, the appellant was deliberately delaying the disposal of the claim petition and had absented on an earlier occasion also resulting in an earlier ex parte award which was set aside on an application moved on behalf of the appellant.