ASHOK KUMAR TARACHAND SAHNI Vs. DURGAN BAI

JUDGEMENT

(1.) THIS revision application has been filed at the instance of the owner of the truck who was arrayed as nonapplicant No.2 in the claim case No.86/1997.

(2.) THE claim case was submitted by claimant Durgan Bai widow of Babulal Patle who died in the motor accident. The said claim was registered as MCC No.86/1997 arraying the present applicant as non -applicant No.2, driver Roop Narayan as non -applicant No.1 and United India Insurance Co. Ltd., insurer, as non -applicant No.3. Despite the applicant appeared before the learned Claims Tribunal personally on 5.8.1998 and thereafter he also appeared on 31.8.1998 but later on he did not remain present on the further dates as a result of which he was proceeded ex parte. The learned Claims Tribunal on 30.9.2000 passed award exonerating the insurer and after fastening the liability upon the driver and owner, meaning thereby present applicant and Roop Narayan, passed an award of Rs.1,44,900/ - along with 12% interest as mentioned in the award. Thereafter, a time barred application under Order 9 Rule 13 CPC was filed by present applicant which was registered as Misc. Motor Accident Claim Case No.33/2001 and by the impugned order dated 31.1.2003 the said application has been rejected and in this manner this revision application has been filed before this Court.

(3.) I have heard learned counsel for the applicant at length and I am of the view that this revision deserves to be dismissed.