NATIONAL INSURANCE COMPANY LIMITED Vs. M JAGAN MOHAN

JUDGEMENT

(1.) This C.M.A. is filed under Rule 1 of Order 43, read with Section 105 C.P.C., against an order dated 3-5-2005, passed by the I Additional Chief Judge, City Civil Court, Secunderabad, in LA. No.2913 of 2004 in O.P. No.161 of 2002.

(2.) The 1st respondent filed O.P., claiming that on 19-5-2002, he proceeded on his scooter bearing No.AP-28C-5518 to Ryotu Bazaar at Erragadda, abutting National Highway No.9, and when he was returning, a 7-Seater auto bearing No.AP-13W-4395, came in a rash and negligent manner and hit the scooter. He stated that he received grievous injuries and was shifted to Gandhi Hospital, for treatment. He claimed a sum of Rs.1,50,000/-, towards compensation. The accident vehicle is owned by the 2nd respondent and insured with the appellant. Both of them were set ex parte, and ultimately, through an ex parte order dated 6-11-2003, the Tribunal awarded a sum of Rs.l,50,000/-.

(3.) The appellant herein filed an application, to set aside the ex parte order dated 6-11-2003. Since there was delay in presentation of the application, it filed LA. No.2913 of 2004, under Section 5 of the Limitation Act. The application was dismissed, through order dated 3-5-2005.