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2005 DIGILAW 669 (RAJ)

Popular Art Palace Limited v. Smt. Manbhar W/o Late Shri Madan Lal

2005-02-28

GYAN SUDHA MISRA

body2005
JUDGMENT 1. - This appeal has been preferred against the order passed by the Motor Accident Claims Tribunal & 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 that 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 that 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.Appeal dismissed. *******