High CourtsSingle Bench(2005) 02 RAJ CK 0090

Popular Art Palace Ltd. vs Manbhar and Others

Rajasthan High Court · Decided on 28 February 2005 · Citation: (2005) 2 ACC 562

HON’BLE JUDGES
Gyan Sudha Mishra, J

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Judgment

2 paragraphs · 161 words

Gyan Sudha Misra, J.—This appeal has been preferred against the order passed by the Motor Accident Claims Tribunal and ADJ No. 7, Jaipur City, Jaipur (for short "the Tribunal") refusing to set aside the ex parte award which has been passed in favour of the claimant-respondents awarding compensation of Rs. 3,33,400/-. In fact the claim had been contested by the Insurance Company and during determination of the proceeding a finding was recorded that the Insurance Company was not liable to pay the compensation to the claimant-respondents as the liability of the labourers was not covered under the policy of insurance. It is admitted mat the summons in regard to the proceeding had been duly served on all the respondents including the non-claimant-appellant herein. Once it is noticed mat the summons had been duly served on the appellant, there can be no scope to interfere with the ex parte award which had been passed.

2.

The appeal under the circumstance stands dismissed.