Hon'ble BINDAL, J. Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 11.5.2010 (Annexure P-5), whereby the application of the petitioner for setting aside the ex-parte order dated 15.1.2008 (Annexure P-4) and ex-parte award dated 26.7.2008 (Annexure P-1) was dismissed by the learned Motor Accidents Claims Tribunal, Karnal (hereinafter to be referred as “the Tribunal”).

2. Briefly the facts of the case are that on 7.9.2007, Naresh Kumar was going from Karnal to Village Rasina on motorcycle no. HR-05R-1535. Sandeep Kumar was also travelling as pillion rider. The motorcycle was owned by the petitioner company. When they reached near Western Yamuna Canal Bridge on Kaithal Road, at about 11.30 p.m., an unknown truck came from behind at a high speed and hit the motorcycle. As a result of this, both of them sustained serious injuries. Naresh Kumar succumbed to his injuries at General Hospital, Karnal and Sandeep Kumar was referred to PGI, Chandigarh. FIR No. 563 dated 8.9.2007 was registered under Sections 279, 337, 304-A IPC at Police Station City Karnal.

3. The parents of deceased Naresh Kumar filed petition under Section

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