RAMJI DASS DHINGRA Vs. HARBHAJAN SINGH AND OTHERS

JUDGEMENT

(1.) THIS civil revision is directed under Article 227 of the Constitution of India by the owner of the truck against the order dated 17th March, 1980, passed by the Motor Accidents Tribunal, Ludhiana, dismissing his application for setting aside the ex parte award dated 25th May, 1979.

(2.) IN brief, the facts are that on 28th July, 1976, Harbhajan Singh injured, received injuries in an accident with truck bearing registration No. PNT -8899 belonging to the present petitioner. He then filed claim petition under section 110 -A of the Motor Vehicles Act, 1939 (hereinafter called the Act) for compensation against the driver/owner and the insurer of the truck. Ramji Dass, petitioner, failed to appear before the Tribunal despite service through publication in the news -paper 'Tarjman,' a local daily of Ludhiana, which resulted in ex parte proceedings against him. Ultimately, the ex parte award was given by the Tribunal on 25th May, 1979, for compensation of Rs. 10,037.45 Paise. The petitioner filed application on 16th July, 1979 for setting aside the ex parte award contending that he was not validly served and learnt about the award when Harbhajan Singh injured contacted him in connection with the attachment of his truck during the execution of the ex parte award. This application was resisted by Harbhajan Singh respondent contending that the petitioner was properly served in that award and there were sufficient grounds for setting aside the ex parte award?

(3.) I have heard Mrs. Sabina, learned counsel for the petitioner and Mr. G.S. Punia, learned counsel for the respondents. The perusal of the impugned order of the record reveals that initially Ramji Dass, petitioner, was proceeded ex parte on 8th June, 1978, but during the course of recording evidence thereafter it came to the notice of the Tribunal that full particulars of the respondent were not given by Harbhajan Singh injured in his claim petition and he was directed to furnish the same for effecting service on the respondent afresh after furnishing of full particulars. The respondents were ordered to be served through proclamation in the daily Hind Samachar, vide order dated 9th August, 1978. Thereafter on 30th March, 1979, this order was modified to the effect that the publication be made in Tarjman. The service was got effected through proclamation in Tarjman, a local newspaper of Ludhiana Ramji Dass, petitioner, failed to turn up on 16th April, 1979 despite his substituted service, which resulted in taking ex parte proceedings against him, and ultimately the giving of said ex parte award.