DIVYA BHASIN Vs. JAVITRI DEVI

JUDGEMENT

(1.) HEARD Sri Ajay Bhanot, learned counsel for the petitioner and Sri Ram Ji Singh Patel holding brief of Sri Onkar Nath for respondent Nos. 1 to 3. No one appeared on behalf of respondent No. 4 -insurance company.

(2.) THE petitioner was owner of the vehicle which was involved in the accident out of which claim petition namely, MAC No. 131 of 2001 arose. She was arrayed as opposite party No. 1 in the aforesaid claim petition. The petitioner has contested the claim by filing a written statement. She has denied the incident and the claim instituted by the claimants. The insurance company also filed written statement countering the claim of the claimants. The award was passed by the Special Judge(NDPS Act/MACT Act), Etah on 21.5.2003 and the petitioner/opposite party No. 1 was held liable for payment of compensation.

(3.) THE application under Order IX Rule 13 CPC was rejected by the Court below on the ground that it was not an ex -parte award rather the claim petition was decided on merits after consideration of stand taken by the petitioner -opposite party No. 1 in the written statement filed by her. As the petitioner, who was owner of the vehicle has failed to prove that the driver was having a valid and effective driving licence on the date and time of accident, the issue No. 2 as to whether the driver was having a valid licence on the date of accident was decided against the Petitioner and it was found that the petitioner has violated the terms and conditions of the insurance policy and hence was liable to pay the compensation. Assailing the order dated 4.10.2005 passed by the court below rejecting application under Order IX Rule 13 CPC, as also the award dated 21.5.2003 stating to be an ex -parte award, the present writ petition has been filed.