SHYAM LAL Vs. REETA DEVI & ORS

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act is directed against the award passed by learned Motor Accident Claims Tribunal, whereby the claim petition filed by the petitioners (hereinafter referred to as 'respondents 1 to 3') has been allowed and awarded a sum of Rs. 8,83,000/- along with interest at the rate of 9% per annum.

(2.) The precise grievance of the appellant is that in terms of the aforesaid award, liability has been fastened upon him on the ground that he was not holding a valid and effective licence and that the vehicle, on the date of accident, i.e. 24.10.2011, was being driven without any valid documents. It has further been argued that the appellant had engaged a counsel to defend his case before the Tribunal and reply on his behalf was also filed. However, after the evidence of the claimants had been recorded, the case was listed on various dates for the evidence of the appellant, but counsel absented himself and even on 19.6.2014, counsel did not appear and consequently the appellant was proceeded ex parte and a colossal award of Rs. 8,83,000/- alongwith 9% interest came to be fastened upon him.

(3.) Taking into consideration the nature of the order I propose to pass, it is not at all necessary to delve into the facts of the case. Suffice it to say that it is more than settled that once a person engages a counsel, his botheration goes and it is the duty of the counsel to take care of the case.