ROHTASH AND ORS. Vs. MEWA DEVI AND ORS.

JUDGEMENT

(1.) This petition is against the order dated 13.02.2014 passed by the Motor Accident Claims Tribunal, Narnaul (here-in-after referred to as the "Tribunal").

(2.) The brief facts of the case are that a claim petition under Section 110 of the Motor Vehicles Act, 1939 (here-in-after referred to as the "Act") was filed by the heirs of Phool Singh on account of his death in the accident dated 28.10.1985. The predecessors-in-interest of the present petitioners, namely, Suraj Bhan was impleaded as respondent no.4 being owner of the offending vehicle. It is recorded by the Tribunal in the award that notice was issued to respondent no.4, but he could not be served, therefore, he was served through publication, but despite that he did not appear and proceeded against ex-parte. The Tribunal, vide its award dated 28.04.1988, assessed the compensation @ Rs. 1,44,000/- against respondents no.1 and 4, along with interest @ 12% per annum from the date of the application till its realization.

(3.) Suraj Bhan (respondent no.4) filed an application under Order 9 Rule 13 of the Code of Civil Procedure (here-in-after referred to as the "CPC") for setting aside the ex-parte award, but it was dismissed on 06.10.1993 by the Tribunal. He filed CR No.3800 of 1993 before this Court titled as "Suraj Bhan Vs. Mewa Devi and others". The revision petition was allowed setting aside the ex-parte proceedings and permitted the petitioner to contest the petition on merits, subject to payment of Rs. 5,000/- as costs. The operative part of the order reads thus:- "Consequently, the present revision petition is allowed. The order passed by the learned Motor Accident Claims Tribunal, dated 06.10.1993 is set-aside subject to payment of Rs.5,000/- as costs. It is directed that the petitioner shall filed his written statement before the learned Motor Accident Claims Tribunal on 05.03.2007 and also to pay the aforesaid costs. In case the petitioner fails to pay the costs or to file the written statement, the learned Tribunal shall proceed with the decision of the claim application on merits, in accordance with law. Since the matter is of since long, the learned Tribunal is directed to decide the same expeditiously after giving two opportunities to each of the parties to lead their respective evidence.