IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 528 of 2011 Date of decision: 13.5.2011 Raj Kumar … Petitioner versus Kamla Devi and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Rakesh Nehra, Advocate, for the petitioner Mr. Arun Luthra,Advocate, for respondents 1 to 4 Mr. Vinod Gupta, Advocate, for respondent No.5 ... ARVIND KUMAR, J: The present petitioner, Raj Kumar, is owner of truck No. HR-63/2136 and was defendant No.1 in the claim petition filed by Jai Narain stating that he while driving the said truck from Guwahati to Haryana, met with an accident on 3.10.2005 in West Bengal and suffered multiple injuries. Said Jai Narain is now stated to have expired due to natural death and as such, his legal representatives have been impleaded. The claim petition was filed on 9.11.2006. The present petitioner did not appear and was proceeded against ex-parte on 10.5.2007. An ex-parte award was passed on 3.1.2008. He filed an application on 9.1.2010 for setting aside the ex-parte award. The claimants did not raise any objection for the same. However, the same has been dismissed vide impugned order dated 8.10.2010 by the Additional District Judge, Sonipat. Hence, the present revision. Heard. Counsel for the petitioner contends that though the C.R. No. 528 of 2011 -2- petitioner was negligent but at the same time, the vehicle was duly insured from the New India Assurance Company covering the date of accident and the deceased-driver was also holding a driving licence and as such, the insurance company is liable to pay compensation. It has also been pleaded that the petitioner is ready to pay costs and also bear interest with effect from3.1.2008 till the decision on the MACT petition on merits in the event of the same being allowed. Counsel for the insurance company has also not seriously opposed this offer. Counsel for the claimants has also given no objection to this but insists for the costs. In this back-drop of the facts, the present revision is allowed, ex-parte award dated 3.1.2008 is set aside subject to payment of costs of Rs.5000/- to be paid to the claimants. Howver, in case of award, liability of the interest with effect from 3.1.2008 till decision shall be on the present petitioner. It shall be appreciated if the Tribunal shall decide the petition within the next three months. Parties through their counsel are directed to appear before the Motor Accident Claims Tribunal, Sonipat, on 25.5.2011. May 13, 2011 ( ARVIND KUMAR ) JS JUDGE