MALKIAT SINGH Vs. JAGDISH SINGH

JUDGEMENT

(1.) APPELLANT Malkiat Singh has filed this appeal against Jagdish Singh, Manmohan Lal, Narender Nath respondents and Shakti Devi proforma respondent challenging the impugned ex -parte award dated 27.04.2013 passed by learned Motor Accident Claims Tribunal, Sirsa(hereinafter referred to as 'Tribunal'), vide which compensation of Rs. 4,07,000/ - along with interest @ 9% per annum from the date of filing the petition till realization has been awarded to the claimants to be paid by the driver and owner of the offending truck jointly and severally.

(2.) ALONG with the appeal, an application under Section 151 of CPC for condonation of delay of 48 days in re -filing the present appeal and application under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay of 491 days in filing the present appeal, have also been filed.

(3.) IT is stated in the applications that the appellant and the owner had engaged an Advocate before learned Tribunal but the counsel did not file reply to the claim petition and kept the appellant in dark about the proceedings of the case and ultimately without reply being filed on record, the appellant was proceeded ex -parte vide order dated 12.03.2013. The appellant is a poor person and was not in a position to engage a lawyer for the purpose of filing the present appeal before this Court and it was only after arranging the funds from relatives and friends, the appellant approached the counsel and without causing any further delay, the present appeal has been filed.