RAJBALA AND OTHERS Vs. BARU SINGH AND OTHERS

JUDGEMENT

(1.) This order will dispose of this petition and also C.R.No. 179 of 1988, as common questions of law and fact arise in these petitions.

(2.) The petitioners have challenged the order of the Motor Accidents Claims Tribunal, Faridabad, whereby he allowed the application under Order 9, rule 13 of the Code of Civil Procedure, filed by M/s Batra Brothers for setting aside the ex-parte award dated May 7,1986.

(3.) In the claim petition titled as Smt. Rajbala and others Vs. Baru Singh and others, an award of Rs. 1,15,200.00 was made with interest at the rate of 12 per cent per annum in favour of the claimants and in the other claim petition titled as Kuldip Vs. Baru Singh and others, an award for Rs. 8,000.00 was made in favour of the claimant. The amount awarded was payable by M/s Batra Brothers and other respondents jointly and severally. Notice was issued to M/s Batra Brothers for payment of the amount awarded. They filed an application under Order 9, rule 13 of the Code for recalling the order on the ground that the vehicle bearing Registration No. DHL 2239 involved in the accident is owned by M/s Batra Roadlines and is insured with the New India Assurance Company Limited, New Delhi. M/s Batra Brothers have no connection whatsoever with the vehicle involved in the accident. The learned Motor Accidents Claims Tribunal found that the vehicle bearing Registration No. DHL 2239 was transferred by M/s Batra Brothers to M/s Batra Roadlines on Dec. 4,1984. The New India Assurance Company had also issued transfer certificate transferring the policy in the name of the purchaser. He also found that the original summons were not properly served on M/s Batra Brothers, as the person on whom the service was effected had no authority to accept service on behalf of M/s Batra Brothers. The application was also found to be within limitation.