Mact case
dev kapoor
(Querist) 11 November 2011
This query is : Resolved
Hi Friends,
I solicit you expert opinion on the following facts:
'A truck driven by D hit a pedestrian on NH.She sustain some grievous injury.A case u/ss279/337 IPC was registered but due to compromise made by police,no charge sheet was presented against D.However after sometime this pedestrian(P) filed a Claim petition before MACT against Ins Co & Owner.D was not impleaded.However ex parte took place.Although the owner stated that D had a D/L for 15-16 years but it had expired & renewal awaited,PO of the MACT passed ex parte decree against the Owner slapping payment of heavy amount.
Now Owner wants to set aside ex parte award.Althoiugh PO/MACT agrees that if D's D/L is valid it makes no difference it was not renewed on the day of occurrence but his predecessor passed award by using the words of the owner that D had no D/L on the day of occurrence.
Now could you please guide me,if I do not go for appeal,what is/are the ground(s) for setting aside ex parte Award?
Any judgment/citation please.
Matter is not complicated but Judge does not agree though I feel much injustice has been done unto the Owners.Even his Advocate has not cooperated him.He does not want to lodge any case against Advocate for MANY reasons......????????
prabhakar singh
(Expert) 12 November 2011
I do not think it would in circumstances stated would be now possible with out appeal.
M V Gupta
(Expert) 13 November 2011
You have stated that the owner was having his Advocate who did not cooperate with him. How the exparte decree was passed? whether the Owner and his Advocate reamined absent in the court at the time of hearing? Then the owner if he has jusifiable grounds should file an application to set asided the exparte order and decree and request for fresh hearing and trial.For this purpose the application should be within the time limit of one month from thedate of the order.
Shonee Kapoor
(Expert) 15 November 2011
Appeal would only be allowed, if collusion of the lawyer can be shown.
Inefficiency on the part of lawyer is no ground.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Querist) 15 November 2011
Hi,
I express my sincere thanks & Warm Regards to the experts here,who spared their precious time for valuable advice.
!
