NATIONAL INSURANCE CO LTD Vs. SH F LALVENA

JUDGEMENT

(1.) This revision petition is filed under Article 227 of the Constitution by the Petitioner National Insurance Company Ltd. who was the opposite party in MACT Case No. 23 of 2007 and applicant in Miscellaneous Application No. 5 of 2008 arising out of the aforesaid MACT case challenging the order dated 9.9.2009 passed by the learned Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl, Mizoram ("the Tribunal') in aforesaid Miscellaneous Application No. 5 of 2008 whereby and there under the learned Tribunal rejected the application of the Petitioner herein filed under Order 9, Rule 13 of the Code of Code of Civil Procedure, 1908 ('the Code') for setting aside the ex parte judgment and award dated 20.11.2007 passed by the- learned Tribunal in MACT Case No. 23 of 2007 awarding a compensation of Rs. 1,75,000 to be paid to the Respondent herein by the Petitioner insurance company with simple interest @ 9% per annum from the date of filing the claim petition till realization from the Petitioner herein.

(2.) Heard Mrs. Melon Dawngliani, learned Counsel appearing for the Petitioner insurance company and Mr. S. Pradhan, learned Counsel appearing for the Respondent.

(3.) The facts loading to filing of the present revision petition in a nutshell, are that the Respondent heroin filed a petition before the learned Tribunal under Section 163A of the Motor Vehicles Act, 1988 ('the Act of 1988') claiming compensation for death of his son Lalrinkima in a vehicular accident on 20.11.2006 at the place between Seling and Thingsulthliah white he and his deceased son were proceeding towards. Thingsulthliah from Seling in a Motor Cycle (Hero Honda) bearing registration No. MZ-01D/2632 belongs to him being driven by his deceased son due to slippery of road. Deceased Lalrinkima got injury in various ports of his body and ultimately succumbed to the injuries at hospital. The said petition was registered as MACT case No. 23 of 2007. Due to absence of the learned Counsel of the O.P. insurance company, Petitioner herein, on 2/3 consecutive fixed dates in the learned Tribunal, the learned Tribunal proceeded with the claim of the Respondent herein ex parte and accordingly passed the judgment and award dated 20.11.2007 directing the O.P. insurance company to pay a compensation of Rs. 1,75,000 to the claimant, Respondent herein as stated supra. Being aggrieved by the said ex parte judgment and award, the Petitioner filed an application under Order 9, Rule 13 of the Code before the learned Tribunal for setting aside the said ex parte judgment and award wherein the Petitioner also explained the reasons for delay caused in filing such application without filing any independent petition under Section 5 of the Limitation Act and the said application was registered as Miscellaneous Application No. 5 of 2008. The learned Tribunal rejected the said application vide impugned order dated 9.9.2009 being time barred. Hence, the instant revision petition.