ARVIND SHARMA Vs. CHATAR KUNWAR

JUDGEMENT

(1.) The present appeal has been filed against the order dtd. 16/9/2019 whereby an application under Order IX Rule 13 of the Code of Civil Procedure (CPC) preferred by the appellant-owner of the vehicle has been rejected by the learned MACT, Salumber (hereinafter referred to as "Tribunal").

(2.) The facts of the case are that a claim petition under the Motor Vehicles Act was preferred by one Smt. Chatar Kunwar pertaining to an accident by a vehicle of which the present appellant-Arvind Sharma was the owner. In the said proceedings, a reply was preferred by the appellant-owner but no evidence was led on his behalf. Ultimately, the award dtd. 24/8/2015 was passed by the learned Tribunal whereby the insurance company was exonerated and the driver and the owner of the vehicle were held liable for compensation.

(3.) After four years of the said award being passed, an application under Order IX Rule 13 read with Sec. 151 of CPC was preferred by the owner with an averment that after filing of the reply on his behalf, the counsel engaged by him did not appear before the Tribunal and therefore, ex-parte proceedings were initiated against him which, be set aside.