(1.) Mansoor Ahmad Mir, C.J. (Oral) - This appeal is directed against the order dated 23.6.2008, made by the Motor Accident Claims Tribunal-II Kangra, at Dharamshala, H.P. in C.M. Application No. 142-D/2005, titled Raj Pal Yadav and another v. Jamna Devi, for short the Tribunal , whereby the application filed by the applicant under Order 9, Rule 13 of the Code of Civil Procedure, 1908 has been dismissed, hereinafter referred to as the impugned order , for short.
(2.) The appellants have not questioned the basic award dated 23.12.2003, made by the Motor Accident Claims Tribunal-II Kangra, at Dharamshala, H.P. in MACP No. 43-D/2001, titled Smt. Jamna Devi v. Raj Pal Yadav and others, for short the impugned award . However, I deem it proper to determine both the order and the award by this judgment.
(3.) This appeal is outcome of a vehicular accident which was allegedly caused by Leela Ram appellant No. 2 while driving Bus No. RJ-14-P-5578 rashly and negligently on 8.4.2001 at about 3.30.P.M. in front of Chaudhary Hotel Dhaba near Village Thikrien, P.S. Bagru, District Jaipur, in which Tarlok Chand sustained injuries and succumbed to the injuries, constraining Jamna Devi mother of the deceased to file claim petition which was resisted and contested only by the insurer whereas driver and owner were set against ex parte.
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