CW 5836/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5836/2008 Nand Singh Versus Surma Singh & Others Date of Order ::: 08/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Anirudh Singh for Mr. V.Agrawal, for petitioner Instant petition is directed against Award dt.14/11/2006 (Ann.1) passed by Motor Accident Claims Tribunal, Ajmer (Case NO.509/04) and so also order dt.24/04/08 (Ann.3) whereby application U/O 9, R.13, CPC for re-calling Award (Ann.1) was dismissed. After the claim petition was filed, notice whereof was served upon petitioner (non- claimant) on whose behalf, written statement was also filed through his counsel before the Tribunal but it appears that his Counsel failed to appear in course of proceedings, which were ordered ex parte against petitioners on 24/03/06 and finally Award was passed on 14/11/06 (Ann.1). Application U/O 9 R.13, CPC was moved by petitioner on 02/01/08 on the premise that his counsel never informed about the Award being passed on 14/11/06, which was not considered to be reasonable explanation by learned Tribunal and accordingly his application for re-calling alleged ex parte Award was rejected vide order CW 5836/08 //2// (Ann.3). Award passed against petitioner on 14/11/06 (Ann.1) was appealable U/s 173 of Motor Vehicles Act and even after application for re- calling of ex parte Award was rejected, at least remedy of appeal could not be said to have been obliterated and was available to the petitioner. In view of availability of remedy of appeal under Motor Vehicles Act, this Court is not inclined to accede to extra ordinary jurisdiction U/Art.226 of the Constitution. Consequently, writ petition fails and is hereby dismissed. However, petitioner will be free to avail remedy available under law. (Ajay Rastogi), J. K.Khatri/p.2/5836CW08May08Rmdy.doc