RAJ KUMAR Vs. OM PARKASH

JUDGEMENT

(1.) This revision petition has been directed against the order dated 15.10.2005 passed by the Motor Accident Claims Tribunal, Panipat whereby an application moved by the petitioner to set aside the ex parte proceedings against him, has been dismissed. Claimant-Respondent No. 1 had filed a claim petition alleging inter alia that he suffered injuries in a vehicular accident caused due to rash and negligent driving of the truck bearing registration No. HR-46-A-6458, which was being driven by none-else than the petitioner herein, who had been impleaded as respondent No. 1 in the claim petition.

(2.) As is apparent from the impugned order, the petitioner had put in appearance before the Tribunal and had been appearing through his counsel till 19.8.2004 but thereafter no one put in appearance on his behalf. As such, he was directed to be proceeded against ex parte on 31.8.2004. The petitioner moved an application for the recall of the aforesaid order on the ground that due to ailment he could not appear on the date fixed. Along with the application, a medical certificate had been appended. The Tribunal, however, has declined the said application on the ground that the same has been moved after a period of more than one year and as such no case to recall the ex parte order is made out.

(3.) Aggrieved, the petitioner has approached this Court. Notice of motion was issued and in response thereto, claimantrespondent No. 1 as well as learned Counsel for the Insurance Company have put in appearance.