RAMESH PRASAD PATEL Vs. SANTOSH KUMAR VISHWAKARMA

JUDGEMENT

(1.) This appeal is filed by owner of the Motorcycle bearing Registration No.M.P.20-KP-5645, being aggrieved of award dtd. 30/3/2011, passed by the learned Vth Additional Motor Accident Claims Tribunal, Jabalpur, in M.A.C.No.04/2010, on the ground that learned Tribunal arbitrarily proceeded ex parte against the appellant on refusal of acceptance of registered notices and proceeded ex parte on 24/1/2011 and passed award on 30/3/2011. Therefore, it is submitted that the ex parte award is liable to be set aside.

(2.) Ms. Arti Vishwakarma submits that firstly, remedy available to the appellant was to file an application under Order IX Rule 13 of the CPC for setting aside the ex parte award. Secondly, once the defendant was served and he chose not to appear, then there was no illegality in proceeding ex parte against the present appellant.

(3.) I have perused the record, so also the impugned award. Sec. 27 of "The General Clauses Act, 1897" deals with meaning of service by post. It reads as under:-