ATTAR SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, the Code) by the judgment debtor- petitioner (for brevity, the JD-petitioner) is directed against the order dated 22.3.2001 passed by the Motor Accident Claims Tribunal, Narnaul (for brevity, the Tribunal) exercising the powers of executing Court dismissing the application of the JD-petitioner filed under Order IX, Rule 13 of the Code for setting aside the award dated 19.10.1995. The only ground to reject the application is huge delay of 5 years in filing the application.

(2.) BRIEF facts necessary for deciding the controversy raised in this revision petition are that one Balwant Singh claimant-respondent No. 1 filed claim petition bearing MACT Case No. 16 of 26.2.1994 before the Tribunal at Narnaul alleging that he was driver of Haryana Roadways bus No. R-36-0936 which met with an accident at about 10.30/11.00 A.M. on 3.9.1993. The truck bearing No. HR-26-8083. came from the opposite direction which was rashly and negligently driven by the driver-respondent No. 2. As a result of the accident, claimant- respondent No. 1 suffered multiple injuries and the Tribunal at Narnaul vide award dated 19.10.1995 granted him compensation to the tune of Rs. 15,000/- with interest at the rate of 12% per annum from the date of filing the claim petition till realisation. The JD-petitioner Attar Singh and drive respondent Ishwar Singh were held liable. It is pertinent to mention that the JD- petitioner was proceeded ex parte and the award was passed in his absence.

(3.) WHEN the execution was filed for realisation of the awarded amount by the claimant respondent No. 1, it is at that stage that the JD-petitioner came to know about the award dated 19.10.1995 and filed an application before the Tribunal for setting aside the award. However, his application was dismissed on 22.3.2001 on the principal ground that there has been delay of more than 5 years in filing the application. The order passed by the Tribunal reads as under :