Service of notice on a party through paper publication may not be sufficient to ensure that the party has actual knowledge of the proceedings.

M.F.A.No.2855 of 2015 is filed by the claimant under

Section 173(1) of Motor Vehicles Act, 1988 (hereinafter

referred to as 'MV Act' for short), challenging the judgment

and award passed in M.V.C.No.38/2011 dated 29.12.2014

by the II Additional Senior Civil Judge & Additional MACT,

Mandya, seeking enhancement of compensation.

M.F.A.No.7626 of 2015 is filed by the owner under

Section 173(1) of Motor Vehicles Act, 1988, challenging the

judgment and award passed in M.V.C.No.38/2011 dated

29.12.2014 by the II Additional Senior Civil Judge &

Additional MACT, Mandya.

2. Brief facts of the case are that, on 19.03.2008, the

appellant in M.F.A.No.2855/2015 who is the first Respondent

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in

M.F.A.No.7626/2015,

namely,

Devarajappa

@

Devarajamurthy (hereinafter referred to as the 'appellant')

and his brother were going towards Mandya for the personal

work in the motorcycle of the appellant bearing No.KA-11/S-

1547 and the brother of the appellant was riding the said

motorcycle on the left side of the Bangalore-Mysore road

towards Mandya by observing road rules and regulations and

at about 12.30 p.m when they were so proceeding near

Indavalu in front of Ganganahalla, one Bajaj Scooter bearing

No.KA-01/L-530 being driven by its rider in rash and

negligent manner at high speed endangering to human life

came from the opposite direction in the wrong side towards

Mysore and dashed against the motorcycle, in which the

appellant was proceeding as pillion rider and due to the said

accident, the appellant fell down and sustained grievous

injuries and motorcycle was also damaged and immediately

after the accident, the appellant was taken to Mandya

District Hospital and thereafter shifted to B.G.S.Apollo

Hospital, Mysore, wherein he was admitted as inpatient and

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on taking x-ray, it is revealed that the head injury with

fracture of right mandible right parasympheris left angle and

operation was done by inserting plate and wires and due to

the said injuries, the appellant has sustained severe pain

and agony.

3. Heard the arguments on both sides and perused the

records.

4. Learned counsel for the appellant/owner submitted

that before the Tribunal, the appellant was not served with

the notice by the Tribunal and the claimants have taken the

notice and got it served through paper publication.

Therefore, the appellant/owner was not aware of the

proceedings. Therefore, he submitted that it is against the

principles of natural justice. Further, he submitted that the

appellant/owner has sold his vehicle much prior to the date

of the accident and if the appellant had been served with the

notice, then, he would have appeared before the Tribunal

and produced delivery note, etc., of having transferred the

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vehicle by way of sale to the other person. Therefore, he

prays to remand the case to the Tribunal enabling to give

opportunity to the owner to file the evidence of transfer of

the vehicle to the other person and also to prove that he is

not the owner of the vehicle. Further, he submitted that

during execution of proceedings only, he came to know that

the Tribunal has passed the order. Therefore, for giving an

opportunity, learned counsel for the appellant requested to

remand the matter to the Tribunal.

5.

On the other hand, learned counsel for the

claimant justified the judgment and award passed by the

Tribunal.

6.

In the present case, the owner stated in the

cause-title is shown as ex-parte. The owner stated in the

judgment and award has filed I.A.No.2 of 2019 for

production of additional documents, which are, delivery

note, copy of the letter sent to the RTO and the other

documents to show that the vehicle was sold much prior to

the accident. Before the Tribunal, the service of notice

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issued to the owner through paper publication was held

sufficient. Therefore, there could not have been any chance

or option for the appellant to appear before the Tribunal and

produce the