NEW INDIA ASSURANCE COMPANY LIMITED Vs. BHAGIRATH SINGH

JUDGEMENT

(1.) Both these appeals arise out of the impugned judgment dtd. 7/3/2018 passed by the Motor Accident Claims Tribunal and Additional District and Sessions Judge, Fatehpur Shekhawati, Sikar (hereinafter referred to as 'the Tribunal') in claim case No. 49/2016 (623/2015) by which the claim petition filed by the claimants was allowed ex parte. Insurance Company has submitted its appeal for setting aside the ex parte award while the claimants have submitted their appeal for enhancement.

(2.) Counsel for the Insurance Company submits that initially the claim petition was submitted before the Motor Accident Claims Tribunal, Sikar, (for short, 'the Tribunal, Sikar') in which after notice, the appellant-Insurance Company appeared through counsel and counsel for the Insurance Company sought time to file reply on certain dates. Thereafter, the claim petition was transferred from the Tribunal, Sikar to the Tribunal, Fatehpur Shekhawati, Sikar vide order dtd. 22/11/2016 and the date for appearance before the Tribunal, Fatehpur Shekhawati, Sikar was fixed for 25/11/2016.

(3.) Counsel further submits that the brief holder of the counsel for the Insurance Company appeared before the Tribunal and sought time to file reply, but no reply was submitted and thereafter, on account of non-appearance of the counsel, ex parte order was passed on 25/10/2017 and the matter was proceeded ex parte against the Insurance Company and finally the ex parte award was passed vide judgment dtd. 7/3/2018, and the Tribunal directed the Insurance Company to pay compensation to the tune of Rs.65,55,000.00. Counsel submits that the counsel appearing for the Insurance Company did not inform about the ex parte award to the appellant-Insurance Company, while the Insurance Company was regularly in touch with its counsel and the ex parte award was passed on account of negligence on the part of their counsel. He further submits that even after passing of the ex parte award on 7/3/2018, the counsel wrote a letter to the Insurance Company on 29/6/2018 indicating that the next date posted before the Tribunal was 6/7/2018 for the purpose of filing reply and thereafter, a written statement was prepared duly signed and attested and same was sent to the counsel on 17/7/2018. Counsel further submits that the Insurance Company was under the bona fide belief that the matter is subjudice before the Tribunal, Fatehpur Shekhawati, Sikar and the counsel is taking care of the matter. He further submits that the appellant-Insurance Company was shocked to receive a notice of SB Civil Misc. Appeal No. 3740/2018 submitted by the claimants for enhancement of the amount of compensation awarded by the Tribunal, Fatehpur Shekhawati, Sikar before this Court.