RAJESH KUMAR Vs. KAMLA DEVI AND ORS

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged order dated 19.02.2019, passed by the Court of learned Addl. District Judge, Solan-I in CMA No. 1-S/6 of 2015, vide which, an application filed under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as CPC) for setting aside ex-parte award, dated 19.06.2009, passed against him in MACT Petition No. 3/-S/2 of 2006, stands dismissed.

(2.) Brief facts necessary for the adjudication of the present appeal are that a claim petition was filed under Section 163-A of the Motor Vehicle, Act 1988 by respondents No. 1 to 3 herein on account of death of husband of respondent No. 1 and father of respondents No. 2 and 3, who died in an accident on 6.10.2004 involving the bus bearing registration No. HP 16- 1095 owned by the appellant which accident was caused on account of negligent driving of the driver, who also died in the accident.

(3.) The petition was allowed by the learned Motor Accidents Claims Tribunal-II, Solan, on 19.06.2009 by awarding compensation to the tune of Rs. 13,10,000/- to the claimants alongwith interest @ 12% per annum. The onus to pay the compensation amount was fixed upon the appellant on the ground that the offending bus was having no valid insurance with the insurance company at the time of accident. This award was passed ex parte against the appellant.