1. This is an appeal filed against the order dated 25.10.2004, passed in MJC No. 25/2004, passed by First Additional District Judge, Bilaspur, whereby an application preferred under O.9 R.13 of Civil Procedure Code to set - aside the ex - parte award dated 29.08.2002, passed in claim case No. 13/2002, was dismissed.

2. Brief facts which are involved in this case are that a claim petition was preferred by one Jogendra Singh, before the Claims Tribunal on the ground that due to rash and negligent driving of the vehicle bearing No. MP - 26W - 1146 driven by Harihar Ram, the appellant No. 2, which dashed the claimant, the claimant had sustained severe injuries. It was also pleaded that the offending vehicle was owned by the appellant. Thereafter, a petition was preferred U/s.166 of the Motor Vehicle Act, claiming compensation of Rs.1,73,000/- before the Claims Tribunal