SANJAY KUMAR Vs. KU. SEVIKA

JUDGEMENT

(1.) THE appellants have directed this appeal against the order dated 3rd December, 1998 rendered by III M.A.C.T. Dewas in Misc. Civil Case No. 12/98 thereby rejecting the application filed by the appellants under Order IX, Rule 13, C.P.C. for setting aside an ex parte award dated 27.9.1997 passed by the Tribunal in Claim Case No. 252/96.

(2.) BRIEFLY stated the facts of the case are that the respondents have filed a claim petition for award of compensation for the injuries sustained in a motor accident as a result of rash and negligent driving of the scooter bearing Registration No. MP 13A-3304. The said scooter, at the relevant time, was driven by appellant No. 1 and the appellant No. 2 was registered owner of the said vehicle.

(3.) THE Counsel for the appellants contended that prima facie no case of negligence or laches on the part of the appellants is made out. The Counsel contended that the appellants have engaged a Counsel for defending them in the claim case and the Counsel engaged by the appellants was present before the Tribunal oh 8.8.1997 when the case was fixed for hearing but without any knowledge or intimation to the appellants the Counsel pleaded 'no instructions' with the result the case proceeded ex parte against them and ex parte award was passed against the appellants on 27.9.1997. The Counsel submitted that the Counsel engaged by them did not inform them about pleading of 'no instructions' on 8.8.1997 neither he gave any information to the appellants with regard to passing of ex parte award dated 27.9.1997. The appellants came to know about the ex parte award on 25.4.1998 on making enquiry to their Counsel and immediately thereafter, the appellants have filed petition for setting aside ex parte award alongwith the prayer for condonation of delay.