ROSHAN LAL Vs. RAJESH AND ORS.

JUDGEMENT

(1.) This appeal is directed against the order dated 3.2.2012 passed by the Motor Accident Claims Tribunal, Udaipur (hereinafter referred to as 'the Tribunal') on an application filed by the appellant under Order 9, Rule 13 read with Sec. 151 of the Code of Civil Procedure with a prayer for setting aside the judgment and award dated 14.5.2010, passed by the Tribunal in Motor Accident Claim Case No.535/2006.

(2.) The respondent No.1 Rajesh S/o Shri Shobha Lal Lohar filed a claim petition before the Tribunal, Udaipur in relation to some injuries received by him in an accident took place on 10.6.2004 involving jeep No.RJ 02 C 2834, owned by the respondent No.2 and driven by the appellant. Before the Tribunal, the appellant as well as the respondent No.2 and the Insurance Company contested the claim by filing their replies and evidence was also adduced on behalf of the Insurance Company. The learned Tribunal after taking into consideration the evidence produced by the claimant and the Insurance Company passed an award of Rs.6,66,200.00 along with simple interest at the rate of 9%, in favour of the claimant and ordered that the appellant as well as the owner of the jeep are liable to pay the said awarded amount.

(3.) After passing of the award dated 14.5.2010, the appellant moved an application under Order 9, Rule 13 read with Sec. 151 of the Code of Civil Procedure and prayed that the ex-parte award passed against him may kindly be set aside and he may be provided an opportunity of hearing.