Court No. - 27 Case :- WRIT - C No. - 59639 of 2008 Petitioner :- Lavlesh Pandit Respondent :- State Of U.P. And Others Petitioner Counsel :- Arvind Singh Sengar Respondent Counsel :- C.S.C.,J.K. Ojha,Smt Usha Srivastava Hon'ble Sibghat Ullah Khan,J.
Heard Sri Arvind Singh Sengar, learned counsel for the petitioner and Sri J.K.
Ojha, learned counsel for the claimant respondent No.2, Smt. Kalmatiya.
This writ petition is directed against order dated 21.10.2008 passed passed by
M.A.C.T./ A.D.J. Court No.2, Chitrakoot in Misc. Case No.15/74/08, Lavlesh
Pandit Vs. Smt. Kalmatiya. Through the said order, petitioner’s application for
restoration was rejected. Restoration application had been filed for setting
aside the ex parte award dated 19.11.2007 passed by District Judge/ M.A.C.T.
in Motor Accident Claim Petition No.5/70 of 2006. (The claim petition was
allowed and Rs.50,000/- was awarded as compensation). In the claim petition,
Ram Naresh alleged owner of the vehicle was opposite party No.1 and
petitioner alleged driver of the vehicle was opposite party No.2. The petitioner
contended that he was not served with the summons/ notice. Restoration
application was filed after prescribed period along with delay condonation. In
the impugned order, it has been observed that thrice steps to serve were taken
and on the third occasion summons returned with the endorsement of refusal.
However, it is also mentioned that process server, Utsav Kumar filed affidavit
stating that petitioner had received the copy of the notice. Due to above
contradiction, I am of the opinion that restoration application deserved to be
allowed.
Writ petition is allowed. Impugned order rejecting the restoration application
of petitioner driver is set aside and claim petition is restored on payment of
Rs.10,000/- as part of claim. Both the parties are directed to appear before the
Claims Tribunal on 25.02.2010. On the said date, petitioner shall deposit the
amount of Rs.10,000/- before the tribunal for immediate payment to the
claimant respondent No.2. The amount shall be paid to the claimant through
deposit in her bank account. Respondent No.2 is directed to implead insurance
company, i.e. IFFCO-TOKIO. Notice must be issued to the said insurance
company and the other parties and matter must be decided very expeditiously.
If ultimately claimant is found entitled to the grant of some compensation and
compensation is found payable by the insurance company, then this amount of
Rs.10,000/- deposited by the petitioner shall be directed to be paid to the
petitioner by the insurance company.
Order Date :- 25.1.2010
NLY