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2003 Supreme(SC) 893

S.N.VARIAVA, H.K.SEMA
New India Assurance Co. LTD. – Appellant
Versus
C. Padma – Respondent


JUDGMENT

Sema, J.-This appeal is directed against the judgment and order dated 5.12.1996 passed by the High Court.

2. Briefly stated the facts leading to the filing of the present appeal arise out of the following circumstances. In a motor accident, which took place on 18.2.1989, the respondents sustained bodily injuries. The claim petition was filed on 2.11.1995, claiming compensation of Rs. one lakh. The Claims Tribunal rejected the plea of limitation raised by the appellant herein and awarded compensation of Rs. 45,000/-. The Revision Petition, filed by the appellant, was also dismissed by the High Court on 5.12.1996.

3. We have heard Mr. Sunil Kapoor, learned counsel for the appellant. Respondent Nos. 1 and 2 were put to notice. The Office Report dated 24.7.2003 disclosed that the notice was served on respondent No.1 on 14th October, 1997 by affixing notice on the door of the house of respondent No.1. A certificate of the High Court dated 24th October, 1997 indicates that respondent No.2 had refused to accept the notice and the same was affixed on the door of her given address. The respondents are, therefore, not represented before us.

4. The only contention, which has been strenuo



















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