KESHAV KAPILA AND ANR. Vs. GULZARI AND ANR.

JUDGEMENT

(1.) RESPONDENTS -Petitioners (Driver and Owner of offending vehicle i.e Jeep bearing Registration No. HP 55 0042 respectively) have filed the instant revision petition under Article 227 of the Constitution praying for setting aside the impugned order dated 5.1.2011 (P.1) passed by the learned Motor Accident Claims Tribunal, Rupnagar (for short "the Tribunal") whereby their application for setting aside the ex parte judgment/award dated 31.8.2002 (P.2) has been dismissed.

(2.) IT is alleged that the Petitioners came to know of passing of the ex parte award dated 31.8.2002 only when the police officials raided their houses for their arrest in the second week of February 2010. At this stage, the Petitioners moved an application for setting aside the ex parte award dated 31.8.2002. Notice of the same was given to the claimants, who opposed the same by filing reply. The said application has been dismissed vide the impugned order dated 5.1.2011

(3.) LEARNED Counsel for the Petitioners argues that the Petitioner No. 1 never received any summon nor he was aware of the pendency of the claim petition. So far as Petitioner No. 2 is concerned, it is argued that he appeared through his counsel and filed written statement but he is alleged to be informed by his counsel that there is no need of his appearance on the subsequent dates. It is further argued that no accident had ever taken place due to rash and negligent driving of Petitioner No. 1 as he has been acquitted by the learned criminal court.