(1.) The common order dated 3rd February, 1999, Annexure -4, passed by the 2nd MACT, Cuttack in MJC Nos.3 of 1994 and 4 of 1994 is assailed in these two Writ applications.
(2.) BEREFT of unnecessary details, the short facts leading to filing of these two Writ applications are that in a motor vehicle accident caused by a truck bearing registration No. ORC 7319, one Parsuram Nayak sustained grievous injuries and succumbed to the same. On the basis of two claim petitions filed, under Section 110 -A of the Motor Vehicles Act, one by the widow of the deceased, and the other by the widowed mother and sister of the deceased, two Misc. Cases being numbered as 622 of 1987 and 103 of 1988 were registered before the 2nd MACT, Cuttack. The present petitioner being the owner of the offending truck was impleaded as a party in the said two Misc. Cases before the Tribunal and so also the New India Assurance Company, the insurer of the said vehicle. During pendency of the Misc. Cases, the husband of the present petitioner was also impleaded as an opposite party in the said cases.
(3.) IT is pertinent to mention here that the petitioner did not contest the cases before the Tribunal, but then she had filed petitions under Order 9, Rule 13 CPC in both the Misc. Cases with a prayer to set aside the ex parte award. But then the said petitioners had been filed after lapse of almost nine months. The Tribunal after hearing the parties arrived at the conclusion that there was no sufficient cause which prevented the petitioner who was a party to the Misc. Cases before the Tribunal from appearing when the said cases were called on for hearing. Accordingly both the aforesaid petitions were dismissed by the Tribunal by order dated 3.2.1 999, Annexure -4.