NEW INDIA ASSURANCE CO. LTD Vs. PUNIT

JUDGEMENT

(1.) THIS order shall also govern the disposal of connected Civil Revision Nos. 1047, 1048,1049, 1050, 1051, 1952, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1068, 1069, 1070, 1071, 1072, 1073, 1974 and 1075 of 1999, New India Assurance Co. Ltd. Indore v. Punit s/o Prakashchandra Agraual and Ors. as common questions are involved in all these civil revisions.

(2.) THE applicant/New India Assurance Co. Ltd., has filed this civil revision under Section 115 of the Code of Civil Procedure (for short the Code") against the order dated 12.7.1999 passed by Member, Motor Accident Claims Tribunal, Rajgarh (Biaora) in Misc. Claim Case No. 25/1999, by which it allowed the application filed by respondent No. 1/owner of the vehicle, under Order IX Rule 13 of the Code and set aside the ex parte award dated 29.6.1988 passed in Claim Case No. 28/1994.

(3.) I have heard Mr. S.V. Dandwate, learned Counsel for applicant/Insurance Company; Mr. B.L. Pavecha, learned Senior Advocate for respondent No. 1/owner of the vehicle; and perused the record. None appeared for respondent Nos. 2 to 5.