BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, BALI AND OTHERS

JUDGEMENT

(1.) THIS writ petition is directed against orders dated 25.3.14 and 5.2.11 passed by the Judge, Motor Accident Claims Tribunal, Bali, whereby the applications preferred under Order IX, Rule 7, CPC for setting aside the order directing proceeding ex parte against the petitioner, stand rejected.

(2.) THE relevant facts are that the respondent Nos. 2 to 5 herein, filed the claim for compensation under the provisions of the Motor Vehicles Act, 1988, on account of death of their husband/father in a motor vehicle accident occurred on 21.3.2008. Despite service of the notice, nobody appeared on behalf of the petitioner -Insurance Company and therefore, vide order dated 28.5.09, the Tribunal directed proceeding ex parte against it. After a lapse of more than a year, on 6.7.10, the petitioner -Insurance Company filed an application under Order IX, Rule 7 for setting aside the order dated 5.2.09 alleged to have been passed by the Tribunal directing proceeding ex parte against the petitioner contending that the summons issued by the court were sent for service to the Pune

(3.) THE application was contested by the claimants by filing a reply thereto.