DILIP KUMAR GUPTA Vs. GHANSHYAM SHARMA

JUDGEMENT

(1.) IN the motor accident, which took place on 13.10.1985, the property of the applicant was damaged who filed a claim petition in the Claims Tribunal. Summons on the application was issued and the report says that the Depot Manager of the respondent-Corporation at Saraipali refused to receive the same. The Claims Tribunal, therefore, proceeded ex-parte and passed an ex-parte award on 15.11.1989 awarding a sum of Rs. 12,000/- as compensation with 12% interest payable on the same. The respondent-Corporation, as late as on 25.1.1992, filed an application for setting-aside the ex-parte award. It was stated in the application that the Corporation derived knowledge of the passing of the ex-parte award only on 24.1.1992. The ground urged for setting aside, the ex-parte award was that the Corporation could have been validly served only through the Depot Manager, Raipur and the alleged refusal to accept the notice by the Depot Manager, Saraipali could not have been treated as valid notice to justify passing of the ex-parte award.

(2.) THE learned Member of the Claims Tribunal accepted the grounds urged by the respondent-Corporation in the alleged application under Order 9, Rule 13 CPC and set aside the ex-parte award by the impugned order dated 20.1.1993.

(3.) CONSEQUENTLY , the revision succeeds and is hereby allowed. The impugned order of the Claims Tribunal dated 20.1.1993 is hereby set-aside. In the circumstances, I leave parties to bear their own costs.