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2009 Supreme(P&H) 1110

SHAM SUNDER
Gaj Raj – Appellant
Versus
Kunj Bihari – Respondent


Advocates:
For the Revision-Petitioners:Mr. Ashish Yadav, Advocate.

JUDGMENT

Sham Sunder, J.:- This revision-petition, under Article 227 of the Constitution of India, for setting aside the order dated 26.04.2008, passed by the Motor Accident Claims Tribunal, Rewari, vide which, it dismissed the application, under Order 9, Rule 13 of the Code of Civil Procedure, filed by the revision petitioners, for setting aside the ex-parte award, dated 12.11.2002, has been filed by the revision-petitioners.

2. The claim petition, arising out of motor vehicle accident, bearing MACT case No. 68 of 19.03.1998/07.06.2000, titled as ‘Kunj Bihari and another Vs. Gajraj alias Sahabu and another’, was decided exparte, on 12.11.2002, by the Motor Accident Claims Tribunal. In that petition, vide the exparte award dated 12.11.2002, compensation, in the sum of Rs. 98,000/-, was awarded, alongwith interest, to Kunj Bihari etc. (now respondents).

3. An application, was moved by the petitioners, for setting aside the ex-parte award, referred to above, on the averments, that they were arrayed as respondents, in MACT case No. 68 of 1998, in the capacity of owner and driver of vehicle bearing No. RJ-14G-5389, but they were never summoned, in that claim petition, at the address, gi













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