Court No. - 36
Case :- WRIT - C No. - 43657 of 2018 Petitioner :- Hasan Miyan Respondent :- Kumari Vandana And 2 Others Counsel for Petitioner :- Vidya Kant Shukla
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 29.8.2018, passed under Order 9 Rule 13 rejecting application for recall of award of Motor Accident Claims Tribunal dated 30.4.2009. A perusal of the award indicates that the applicant have duly appeared before the Tribunal and filed his written statement and documentary evidences. At a later point of time, he did not appear before the Tribunal and hence award was passed on merits whereby liberty has been granted to the insurance company to realise compensation money deposited by it from the owner/applicant. The basis of recall application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 filed by the petitioner is that the fact recorded in the award impugned that the offending vehicle was being plied on the route in question without valid permit, is incorrect. The basis for recall of award of Motor Accident Claims Petition as pleaded in Order 9 Rule 13 application is thus, on the merit of the award.
No infirmity, therefore, can be attached to the order of rejection of the said application, inasmuch as, under the garb of recall, the recall-applicant cannot be allowed to assail the award.
It was open for the petitioner to file an appeal against the award of the Motor Accident Claims Tribunal under Section 173 of the Motor Vehicles Act. Moreover, the order of rejection of application under Order 9 Rule 13 C.P.C. is appealable under Order 43(1)(d) C.P.C.
For both the above reasons, no merit is found in the present petition. It is, accordingly, dismissed.
Order Date :- 29.1.2019 Jyotsana