1. - This civil miscellaneous appeal has been filed against the order dated 2-6-2008, passed by Judge, Motor Accident Claims Tribunal, Tonk (hereinafter 'the Tribunal'), whereby an application filed by the appellant-Non-claimant (hereinafter 'the non-claimant') under Order 9 Rule 13 C.P.C. for setting aside the ex-parte award dated 1-11-2004 in MACT case No. 495/2002 has been dismissed.

2. The facts of the case are that in respect of an accident on 1-4-1985 involving tractor trolly RRG 8345, driven by the non-claimant in which the respondent claimant Pooran Mal (hereinafter 'the claimant') alleged to have sustained injury, a claim Petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter 'the Act of 1988') came to be filed on 8-7-2002 after a delay of over 17 years. In the said claim petition notices, inter alia also by registered post, appear to have been issued to the non-claimants in the petition i.e. owner and driver of tractor trolly RRG 8345. When owner and driver failed to appear inspite of purported service ex-parte proceedings were taken against them. Thereupon vide award dated 1-11-2004 an award for a sum of Rs. 1 lac along with interest at the rate