MOHD.SALIM Vs. KHURSHEED AHMED

JUDGEMENT

(1.) THIS appeal under Order 43 Rule 1 of the Code of Civil Procedure is directed against the order of the Motor Accident Claims Tribunal, Sirmaur, dated 24.3.2001, whereby he has rejected the application filed by the present appellant for setting aside the ex-parte award passed against him.

(2.) A claim petition was filed by one Khurshsed Ahmed against the present appellant and one Amit Bhatnagar claiming compensation on account of injuries suffered in a motor vehicle accident. The appellant was represented by one Shri O.P. Chauhan, Advocate, before the learned Tribunal. The evidence of the claimant was closed on 24.3.1999 and the matter was listed for evidence of the respondents i.e. the present appellant and proforma respondent No.2 for 21.4.1999. On 21.4.1999 neither counsel for the appellant nor the appellant appeared and the appellant was proceeded against ex-parte and arguments were heard. Thereafter, on 7.5.1999 the learned Motor Accident Claims Tribunal announced its award. On 4.6.1999 the appellant filed an application for setting aside the ex-parte award on the ground that his counsel had not informed him about the fact that the case was listed for his evidence on 21.4.1999. This application was rejected by the learned Motor Accident Claims Tribunal. Hence the present appeal.

(3.) ON the other hand, Shri P.C. Sharma, learned counsel for the appellant, has relied upon the Division Bench judgment of this Court in United India Insurance Company vs. Paras Ram and Another, 2002(1) Shim.L.C.345, wherein it has been specifically held that an appeal is maintainable against an order refusing to set aside the ex-parte proceedings.