SHIVDHAR PANDEY Vs. MOST. RAJMUNI DEVI AND OTHERS

JUDGEMENT

(1.) This miscellaneous appeal has been preferred against the order dated 8.8.2006 passed by learned Motor Accident Claims Tribunal, Hazaribagh in connection with Misc. Case No. 4A of 1993, whereby the petition filed by the appellant under Order 9 Rule 13 of the C.P.C. was rejected and the learned Tribunal has refused to set aside the judgment dated 31.8.1992 passed in connection with Claim Case No. 59 of 1988 on contest.

(2.) On 19.5.1993, the appellant filed a petition before the learned Tribunal under Order 9 Rule 13 praying therein to set aside the impugned judgment and award as it was ex parte according to him. On the basis of petition filed, Misc. Case No. 4A of 1993 was registered and after giving opportunities to the parties, the said Misc. Case No. 4A of 1993 was dismissed on 8.8.2006 and hence this appeal.

(3.) It is contended that some disputes arose between two brothers i.e. Madan Pandey and the appellant Shivdhar Pandey and that was the reason the case of the appellant was not properly pleaded before the Tribunal. Many important points were left and no proper evidence was adduced. The delay also occurred in fling the petition under Order 9 Rule 13 because the wife of the appellant was lying seriously ill and he was busy in her treatment. The appellant had very good case because the vehicle at the relevant point of time was insured and the policy was not under challenge. As per the recent judgments, the passengers who were travelling on the roof of the bus, if met with any accident and sustained injuries or died due to the injury sustained, the insurance company will have to pay the compensation amount. Because of the cogent ground, the appellant was unable to place all the material before the Tribunal and impugned judgment and award was passed without affording opportunity to him to bring all material on record.