UNION OF INDIA Vs. DNYANESHWAR MANGESH BAGKAR

JUDGEMENT

(1.) Heard learned Advocate Shri Bhate for the appellant-Union of India and learned Advocate Miss Kavita Anchan for respondent- claimant. Union of India has challenged correctness of two orders dtd. 21/4/1994 award and order dtd. 11/8/1998 both were passed by learned Member, Motor Accident Claims Tribunal, Mumbai. By the Award, the Tribunal has directed Union of India to pay Rs.1,45,367.00 towards compensation to the claimant for injuries caused. This award was declared as Union of India, though filed written-statement, has subsequently remained absent. Union of India applied for setting aside the award and it was rejected. Remedies against exparte order

(2.) So the issue involved in this appeal is about "when opponent remained absent though served, what will be the scope for such appellant to challenge the findings in such judgment ". It is settled law when there is an award declared (without appearance or subsequent non-appearance), such opponent has got two remedies. They are:-

(3.) Scope of an enquiry under Order 9 Rule 13 of CPC is limited to two grounds mentioned therein. Court can inquire:-