1. Instant miscellaneous appeal filed under O.43, R.1 (d) of CPC is directed against the order dated 19-09-2002 passed by 2nd Additional Motor Accident Claims Tribunal, Bemetara, District Durg, (for short 'the Tribunal') in Misc. Civil Suit No. 4/2002 whereby and whereunder appellant's application for setting aside the ex parte decree has been dismissed.

2. Indisputably, the award has been passed in favour of the claimants i.e. respondent Nos. 1 & 2 by the Tribunal on 15-10-1999 awarding compensation in their favour. It is also not in dispute pursuant to service of summons in the office of the appellant / Company, the Tribunal proceded ex parte against the appellant on 14-12-1998 and, thereafter, passed the award on 15-10-1999.

3. After about lapse of nine months of passing of the award dated 15-10-1999, appellant - Company moved an application for setting aside the same basically on the ground