PALA SINGH Vs. LAKHVINDER SINGH

JUDGEMENT

(1.) AN ex parte award has been passed against the petitioner awarding compensation of Rs. 2,01,000/- in MACT Case No. 95 of 1992. The petitioner filed an application before the Tribunal to set aside the ex parte award. In the affidavit filed in support of the application, the petitioner has categorically stated that he is an illiterate person and he does not know how to sign. It is further stated that on enquiry he came to know that the process server returned the summons and that the summons returned showing that the petitioner signed in English on the reverse of the summons. This question whether the petitioner could sign in English and hether the summons have been duly served on the petitioner has not been considered by the Motor Accident Claims Tribunal, Karnal. Thus, there is failure to exercise the jurisdiction by the Tribunal. I am therefore, of the opinion that this is a fit case for remanding the matter to the Tribunal to decide whether the summons have been duly served on the petitioner by the process server as per his endorsement.

(2.) ACCORDINGLY , the revision petition is allowed and the matter is remanded to the Motor Accident Claims Tribunal, Karnal for deciding the application namely Miscellaneous No. 3/5 of 1995 after giving an opportunity to both sides to adduce their evidence as they deem fit. There will be no order as to costs.