PRAVEEN KUMAR Vs. BHUPINDER SINGH & ANR

JUDGEMENT

(1.) Award dated 9.9.2017 (Annexure P-1) passed by a Bench of National Lok Adalat in MACP No. 42 of 2017 is under challenge on the grounds, inter alia, that the petitioner herein (respondent No. 1-Insured before learned Motor Accident Claims Tribunal below) was not present before the Bench of National Lok Adalat and the impugned award has been passed behind his back and without recording his statement.

(2.) The record reveal that ever since the service of petitioner-respondent No. 1 in the claim petition the same continued to be listed on different dates for filing reply. The reply, however, was not filed and it is on 25.8.2017 learned Tribunal below was informed that there are chances of amicable settlement of the disputes involved. Consequently, the conciliation was tried on 26.8.2018 and the following order passed by learned Claims Tribunal:

(3.) It is apparent from the order ibid that the claim petition was ordered to be fixed before National Lok Adalat for recording compromise with a direction to the parties to remain present in person on the date fixed. The petitioner-respondent No. 1 was also present in person along with learned Counsel representing him when the conciliation tried by learned Motor Accident Claims Tribunal on 26.8.2017. He, however, failed to attend the National Lok Adalat on the date fixed i.e. 9.9.2017.