NARENDRA Vs. MEERABAI

JUDGEMENT

(1.) This appeal under Order 43 Rule 1 of the CPC has been filed against the order dated 24.6.06., passed by the Court of 1 st Additional Distt. Judge Dhar. In Civil MJC No. 2/2006, whereby the trial Court has rejected the application under Order 9 Rule 13 of the CPC filed by the appellants.

(2.) One Daulatram, had died in an accident, which had taken place on 20.4.98, therefore, the respondents, who were the widow and minor children of the deceased had filed Claim Case No. 3/99, before the Motor Accident Claims Tribunal, Dhar. The appellants are the driver and owner of the offending vehicle and were impleaded as respondents No. 1 and 2 in the Claim Case. The summons of the claim case sent to the appellants had returned unserved with the endorsement that the appellants had refused to accept the summons, therefore, the Tribunal proceeded ex parte against the appellants on 7.4.99 and had passed the ex parte award dated 12th of May, 2000. The Tribunal awarded a sum of Rs. 2,14,000/- along with interest from the date of application. Since the offending vehicle belonging to the appellants was not insured, therefore, the liability to pay the compensation amount was fixed on the appellants.

(3.) Learned counsel appearing for respondents submitted that the accident is of year 1998 and the respondents have not received any amount in pursuance to the award. He further submitted that the order of the Tribunal is a well reasoned order, which does not require any interference by this Court.