TRIVENI PRASAD Vs. KANWAL JEET AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 27th July, 2009, passed by the Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P., (for short, the Tribunal), in Claim Petition No.91-MAC/2 of 2006, titled Triveni Prasad v. Kanwal Jeet and others, whereby the Claim Petition filed by the claimant (appellant herein) came to be dismissed, (for short, the impugned award).

(2.) I have heard the learned counsel for the parties and have gone through the record.

(3.) Ms. Shilpa Sood, learned counsel appearing for the insurer, vehemently argued that the Claim Petition was not maintainable for the reason that the claimant had already filed a Claim Petition before the Motor Accident Claims Tribunal, Ambala, Haryana, for the same cause of action and the said Claim Petition came to be dismissed in default, vide order dated 2nd June, 1994. Thus, it was submitted by the learned counsel that the instant Claim Petition is hit by the principles of res judicata. Ms.Sood further submitted that in terms of Order 9, Rule 9 of the Code of Civil Procedure (for short, CPC), the Claim Petition ought to be dismissed.