1. In an accident between a motor cycle and the truck PUN 1781 coming from the opposite direction, Ram Singh, who was driving the motor cycle, was killed while the pillion rider Gian Singh sustained serious injuries. This happened on June 20, 1977, at about 4 p.m. on the road between Chandigarh and S.A.S. Nagar.

2. It was the finding of the Tribunal that it was the truck driver who was wholly to blame for this accident. A sum of Rs.1,08,000/- was awarded as compensation to the widow and children of Ram Singh deceased while Rs.36,000/- were awarded to Gian Singh for the injuries suffered by him in this accident.

3. In appeal here, the challenge in the first instance was to the order of the Tribunal of Mar. 20, 1980, whereby the evidence of the respondents was closed and thereafter the impugned award was announced. The contention of Mr. L. M, Suri, counsel for the appellant-Insurance Company, being that as counsel had abstained from appearing in Court on that date in pursuance of a call to this effect by the Bar Association, there was obviously sufficient cause for setting aside the ex parte proceedings taken on that date.

4. Applications for setting aside the ex parte award