1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R 1. S.B. Civil Miscellaneous Appeal No.860 of 2001. Madan Lal son of Shri Ram Kishan Totla VERSUS Shri Gurnam Singh son of Shri Ranjeet Singh & Another 2. S.B. Civil Miscellaneous Appeal No.838 of 2001. Suwa Lal son of Shri Durga Lal Teli VERSUS Shri Gurnam Singh son of Shri Ranjeet Singh & Another 3. S.B. Civil Miscellaneous Appeal No.857 of 2001. Smt. Mani Devi wife of Shri Madan Lal VERSUS Shri Gurnam Singh son of Shri Ranjeet Singh & Another 4. S.B. Civil Miscellaneous Appeal No.882 of 2001. Puran Singh son of late Shri Magan Singh & Others VERSUS Shri Gurnam Singh son of Shri Ranjeet Singh & Another Date of Order :::: 12/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Intjar Ali, For } Mr. Mahendra Goyal, } Mr. Vinay Mathur } Counsel for the Claimant-appellants Mr. V.P. Mathur } Mr. R.P. Vijay } Mr. Gajender Sharma, for } Counsel for the Respondents Mr. Biri Singh Sinsinwar } *** By the Court : 2 Heard learned counsel for the parties and perused the record as well as the award of the learned Tribunal. These four miscellaneous appeals have been preferred against the award dated 23.02.2001 passed by the learned Motor Accident Claims Tribunal, Sambhar Lake (Jaipur) by the claimants for enhancement of the amount of compensation and for holding the insurance company liable, which has been absolved of its liability by the learned Tribunal. The owner, against whom, proceedings had been drawn ex-parte before the learned Tribunal had moved an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the ex-parte order and the said applications are still pending before the learned Motor Accident Claims Tribunal, Sambhar Lake (Jaipur) and the next date has been fixed as 10.12.2009. It is reported that the application is ripe for hearing. In view of the above, it is directed, in the interest of justice, that the learned Motor Accident Claims Tribunal, Sambhar Lake (Jaipur) shall positively hear the parties on the application filed by the owner under Order 9 Rule 13 of the Code of Civil Procedure, 1908 on the next date already fixed, which is 10.12.2009 and decide the same. 3 These appeals are ordered to be consigned to record and disposed of as such. In the event, the application filed by the owner of the vehicle for setting aside the ex-pate order is allowed, the award shall stand set aside and the parties would litigate the matter, to be decided in accordance with the law afresh by the learned Tribunal. In the event of the application filed by the owner being dismissed, the appellants, herein would have a right to move an application for recalling the present order and restoring the appeal to be decided on merits. The Registry is directed to return the record to the learned Tribunal immediately by special messenger, so as to reach the learned Tribunal on or before 30th November, 2009 positively. Subject to the above, all these miscellaneous appeals stand disposed of. Let, a copy of this order be sent to the learned Motor Accident Claims Tribunal, Sambhar Lake (Jaipur) for compliance. The parties are directed to appear before the learned Tribunal on 10.12.2009. (Dalip Singh), J. ashok/ 4 S.B. Civil Miscellaneous Appeal No.838 of 2001. Suwa Lal son of Shri Durga Lal Teli VERSUS Shri Gurnam Singh son of Shri Ranjeet Singh & Another Date of Order :::: 12/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Intjar Ali, For } Mr. Mahendra Goyal, } Mr. Vinay Mathur } Counsel for the Claimant-appellants Mr. V.P. Mathur } Mr. R.P. Vijay } Mr. Gajender Sharma, for } Counsel for the Respondents Mr. Biri Singh Sinsinwar } *** The appeal is disposed of. (see separate order in S.B. CM.A. No.860/2001). By Order Court Master 5 S.B. Civil Miscellaneous Appeal No.857 of 2001. Smt. Mani Devi wife of Shri Madan Lal VERSUS Shri Gurnam Singh son of Shri Ranjeet Singh & Another Date of Order :::: 12/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Intjar Ali, For } Mr. Mahendra Goyal, } Mr. Vinay Mathur } Counsel for the Claimant-appellants Mr. V.P. Mathur } Mr. R.P. Vijay } Mr. Gajender Sharma, for } Counsel for the Respondents Mr. Biri Singh Sinsinwar } *** The appeal is disposed of. (see separate order in S.B. CM.A. No.860/2001). By Order Court Master 6 S.B. Civil Miscellaneous Appeal No.882 of 2001. Puran Singh son of late Shri Magan Singh & Others VERSUS Shri Gurnam Singh son of Shri Ranjeet Singh & Another Date of Order :::: 12/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Intjar Ali, For } Mr. Mahendra Goyal, } Mr. Vinay Mathur } Counsel for the Claimant-appellants Mr. V.P. Mathur } Mr. R.P. Vijay } Mr. Gajender Sharma, for } Counsel for the Respondents Mr. Biri Singh Sinsinwar } *** The appeal is disposed of. (see separate order in S.B. CM.A. No.860/2001). By Order Court Master