PRAMODKUMAR Vs. LILADHAR

JUDGEMENT

(1.) Heard the learned counsel appearing for both the parties.

(2.) This appeal challenges judgment and order dated 12.8.2010, passed by the learned Member, Motor Accident Claims Tribunal, Gondia, in Claim Petition No.6 of 2003, whereby the Tribunal awarded sum of Rs.1,72,000/- inclusive of no fault liability payable jointly and severally by owner, driver and insurer of the offending motor vehicle. The owner of the offending vehicle was specifically and exclusively directed to pay the interest on the awarded amount at the rate of 7.5% per annum from the date of claim petition i.e. w.e.f. 18.12.1995 till realization of the amount.

(3.) The liability to pay the interest on the awarded amount imposed by the Tribunal is disputed by the appellant on the ground that the lawyer engaged by the appellant did not take care to prosecute the petition properly and hence claim petition was decided ex parte on 16.11.2005. It is the case of the appellant that he came to know of the ex parte award on 22.2.2006 and moved for setting aside ex parte award while appellant also prayed for condonation of delay. On 1.7.2010, the application for setting aside ex parte award was allowed subject to payment of costs in the sum of Rs.1,000/-.