PUSHPINDER PAL SINGH Vs. DINESH SACHDEVA

JUDGEMENT

(1.) THIS revision has been directed against the order of Motor Accident Claims Tribunal, Sirsa, dated 30-8-1991, dismissing the application for setting aside the ex parte order dated 7-6-1990.

(2.) RESPONDENT No. 1, Dr. Dinesh Sachdeva filed a Claim petition for the grant of Rs. 5 lacs as compensation, under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), on account of injuries and permanent disablement caused to him in an accident which took place due to rash and negligent driving of truck No. HNH-9390 being driven by Nirmal Singh, driver, respondent No. 1 in the Claim petition, The said truck was stated to be owned by the petitioner, i.e. respondent No. 2 in the Claim petition. Nirmal Singh, driver, appeared in the Court on 21-3-1990, but on the adjourned date, i.e. 6-4-1990, did not appear and therefore, he was ordered to be proceeded against ex-parte. The petitioner was served through publication for 7-6-90, and on his non-appearance on the said date, he was also proceeded against ex-parte. On 184-1991, the petitioner filed an application for the setting aside of ex-parte order dated 7-6-1990 on the ground that he never received any notice either through the process of the court or by post. It was also stated in the application that the petitioner never received any issue of newspaper in which publication for his appearance was made through postal certificate, and therefore, he never came to know about the pendency of Claim petition.

(3.) NO one appears on behalf of the claimants.