RYUDHABAI Vs. NIHAL SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimant against the award dated 12.7.1982 made by the Third Additional Motor Accident Claims Tribunal, Indore in Claim Case No.214/79, whereby the learned Tribunal has awarded compensation of Rs. 27,300/ - to the claimant in respect of his injuries with interest @ 6% per annum from the date of filing of the claim petition till realisation.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows : -

(3.) THE respondent driver Nihalsingh appeared through counsel on four dates of hearing and thereafter, remained absent and was proceeded against ex -parte since 13.12.1980. The respondent No.3 Kailashchandra, owner of the truck, was made a party by amendment dated 28.4.1981 but he did not appear even after service of notice on him and the case proceeded ex -parte against him also since 14.7.1981. No written statement was filed either on behalf of the driver, non -applicant No.1 or the owner -non -applicant No.3.