MUNSHI RAM Vs. AMRNATH AND ANOTHER

JUDGEMENT

(1.) This is an appeal against the order of the Accidents Claims Tribunal, Kota (for short 'Tribunal') dated 6th May 1981 rejecting the application filed by the appellant for setting aside the award dated 3.5.1980 by which a sum of Rs. 36,000 was awarded to the respondents for the death of Madan Lal, husband of respondent no. 2 and son of respondent no. 1, in an accident on account of rash and negligent driving of a truck by the appellant Munshi Ram.

(2.) The claim was contested by Munshi Ram and a written statement was filed. The appellant since did not appear, ex-parte award was given on 3.5.80. Thereafter, an application for setting aside the ex-parte award was made by the appellant. The application was contested by the respondents on the ground that the same was filed on false and incorrect ground. The assertion of the respondents was that the appellant was not actually ill and he had come to the court with a fake and wrong case to get the ex-parte award quashed. They pleaded that not only the appellant knew about the pendency of the case but he was also aware of the date fixed and he deliberately kept himself away. He did not actually suffer from the disease mentioned by him.

(3.) In support of the application for setting aside the ex- parte award, the appellant filed a certificate of Dr. G.K. Sachdev who also appeared in the witness box to corroborate the same. Munshi Ram also appeared in the witness box and he admitted in the cross-examination that he used to go to the doctor in a scooter-rickshaw and he was never admitted in the hospital.