The importance of offering a sufficient cause for non-appearance and the principle of estoppel in legal proceedings.

( 1 ) THE instant appeal is an illustration of what is being currently reported in the press. The menace on the public roads in Delhi by private buses.

( 2 ) NOT a day passes when a person or two and sometimes up to five are not run over each day by private buses.

( 3 ) WHEN a public interest litigation was filed in this court and was listed before the Division Bench IV on 9. 7. 2007, the very next day action was taken by the police and the State Transport Authorities. A public scandal was revealed. 9 out of 10 buses on the roads of Delhi were not only without a valid licence or a permit, even 60% were being plied by parties who were not the registered owners of the buses. 60% of the buses were found without the mandatory third party risk insurance cover.

( 4 ) PEN profile of the facts of the present case are that on 11. 12. 1989, Jaspal, a young boy aged 11 years was in the process of alighting from bus No. DEP 515 when suddenly the driver accelerated the bus. Jaspal fell down and the rear left wheel of the bus ran over his lower limbs. Ex. PW-3/1, the discharge summary from the hospital reveals that the young boy remained hospitalized from 11. 12. 1989 till 5. 1. 1990.

( 5 ) ON 17. 12. 1990 he had to be re-hospitalized for further operation and was discharged on 25. 12. 1990. Permanent damage was caused to the left femur and the left tibia. He had to under go physiotherapy till the year 1993. He suffered 70% permanent disability of the lower limb. Total compensation awarded to the young boy is Rs. 70,000/- for pain and suffering. Rs. 25,000/- towards medical expenses including physiotherapy and conveyance charges. Rs. 1 lac for permanent disability. The total sum awarded is Rs. 1,95,000/ -.

( 6 ) APPELLANT, Bharat Bhushan was stated to be the owner of the bus. Rambir was the driver of the bus.

( 7 ) IN the claim petition filed by Jaspal through his father, Rambir was impleaded as respondent no. 1. Appellant was impleaded as respondent no. 2. Both respondents in the claim petition being served and absenting themselves when claim petition was about:blank 21-04-2009 listed were proceeded against ex-parte. After recording ex-parte evidence, learned Tribunal, noting the injuries and the permanent disability of the injured passed and awarded as aforenoted.

( 8 ) THE award was pronounced on 21. 1. 2003.

( 9 ) APPELLANT nor the driver supplied any insurance particulars to the police which had seized the bus after the accident. The injured had no information about the insurance particulars. Hence, no insurance company was impleaded as a respondent in the claim petition.

( 10 ) WHEN award was sought to be executed against the appellant he filed an application under Order 9 Rule 13 stated as under:- ?respectively Showeth :-

1. That the above titled executed petition seeking execution of decree dated 21. 1. 2003 passed by Hon'ble Ms. R. Kiran Nath the then Judge MACT. The said decree was passed upon the claim filed by the decree holder.

2. The present applicant was never served with any summons at any point of time nor he ever participated in the said claim proceedings. Neither he knew about the claim proceedings at any point of time. The applicant has come to know about the passing of the impugned decree recently only on 23. 11. 2005, when in absence of applicant the court notice server came at the house of the applicant. Applicant came back only on 30. 11. 2005. Immediately thereafter the applicant engaged a lawyer who after inspection of the court file only on 7. 12. 2005 came to know about the passing of the impugned decree against the applicant and one Rambir.

3. That the applicant have very good prima facie case in his favour and there is every likelihood of succeeding in the case and further now the applicant has came to know that the calim is an out come of past animosity and the applicant has nothing to do with the alleged incident neither he is the owner nor in possession of the vehicle in quest