VINOD KUMAR SRIVASTAVA Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioner and his pillion rider met with an accident. THE petitioner sustained injuries and the pillion rider died. THE petitioner filed a claim petition before the Motor Accident Claims Tribunal, Kanpur Dehat wherein an award was passed in his favour and negligence was attributed to the bus driver. It is also alleged that the petitioner received compensation as per the award. THE wife of the deceased pillion rider also filed a claim application before the Motor Accident Claims Tribunal, Fatehpur and an exparte award was passed against the bus driver and the petitioner whereby the Court have held the bus driver and petitioner to be negligent and the petitioner has been directed to pay 50% of the compensation. When the petitioner came to know of the said exparte award, an application under Order 9 Rule 13 of the C.P.C. was filed for the recall of the exparte decree which was allowed subject to the condition of deposit of 1/4th of the compensation awarded against him. THE petitioner thereafter moved an application praying that instead of depositing this 1/4th amount, the petitioner may be permitted to furnish security or bank guarantee to the satisfaction of the court below. This application was rejected, against which the petitioner has filed the present writ petition. Having heard the learned counsel for the petitioner, Sri Manish Tandon, and having perused the record, this Court is of the opinion, that the petition can be decided itself at this stage without issuing notices to the contesting claimants and the Insurance Company. THE Court modifies the order of the Court below and directs the petitioner to deposit the amount as directed by the Court below by means of a bank guarantee. This bank guarantee shall be furnished within four weeks from today. A certified copy of this order shall be filed by the petitioner before the Court below and shall also serve the copy of this order to the Insurance Company as well as to the claimants. In the event, the Insurance Company or the claimant is aggrieved by this order, they can file a recall application before this Court within four weeks thereafter. THE writ petition is allowed.