JUDGMENT 1. - This writ petition has been filed by the owner of the offending vehicle. namely. tractor No. RJT-1273, who hit the cattle cart on 6/8/1989 at 9.00 a.m. on Vaiad-Jaisalmer Road and consequently the owner of the said cattle cart - Ada Ram fell down and died. The deceased Ada Ram was aged 30 years at the time of accident. 2. The mother of the deceased, Panchi Devi w/o Bhana Ram filed the said claim against the present petitioners, since the vehicle in question was not insured by any insurance company and since the owner of the tractor did not appear before the Motor Accident Claims Tribunal, Pali, the claim was decided ex parte and the Tribunal awarded Rs. 1,30,000/- in favour of claimant vide award dated 7/9/1998. 3. The present petitioner - non applicant Mohan Ram - owner of the tractor, filed an application under Order 9. Rule 13 Civil Procedure Code for setting aside the ex parte award, which was dismissed by the learned Tribunal on 24/9/2002. 4. Being aggrieved by the said order dated 24/9/2002 and ex pane award dated 7/9/98, the owner of the tractor, Mohan Ram has approached this Court by way of present writ petition. 5. By the ex parte stay order passed on 30/10/2002. while admitting the present writ petition, operation of the impugned order dated 24/9/2002 was stayed by co-ordinate bench of this Court. 6. Today also, no one has appeared for the respondent claimant though earlier Mr. D. K. Parihar was appearing, who has since pleaded no instructions in the matter and, therefore, the learned counsel for the petitioner owner was heard. 7. Learned counsel for the petitioner, Mr. Rajesh Panwar fairly submitted that though the owner was not given adequate opportunity of hearing by the MALT, Pali and was also deprived of the opportunity to lead evidence in the matter, therefore, while allowing the application under Order 9, Rule 13 Civil Procedure Code, the matter deserves to be restored back to the learned Tribunal for decision afresh on merits. He also fairly submitted that such order may be made subject to condition of deposit of 50% of the awarded sum of Rs. 1,30,000/- i e. Rs. He also fairly submitted that such order may be made subject to condition of deposit of 50% of the awarded sum of Rs. 1,30,000/- i e. Rs. 65,000/- within a period of one month from today and subject to compliance of the same, the learned Tribunal may be directed to decide the claim afresh after giving opportunity to lead evidence and hearing to the petitioner owner of tractor. 8. Before this Court, a poor lady. unfortunate mother of the deceased Ada Ram aged 30 years, on whose behalf advocate Chandra Prakash Vyas appeared before the Tribunal, but who remains unrepresented now before this Court is waiting for disbursement of the awarded sum for all these years for no fault of her and 14 years have passed by now without any monetary compensation for having lost her young son of 30 years in an unfortunate accident for which the vehicle of the present petitioner was found to be responsible. Though the facts of the case do not give rise to any compelling circumstance for setting aside the award itself, however, the fact remains that the non-applicant owner of the vehicle was also deprived of the opportunity to lead evidence and make his submission before the MACT, Pali. 9. In these circumstances, this Court is of the opinion that the impugned award of the Tribunal dated 7/9/1998 deserves to be set aside and matter deserves to be restored back to the learned Tribunal for fresh decision on merits only subject to condition that at least 50% of the awarded sum of Rs. 1,30.000/-. which comes to Rs. 65,000/- is deposited by the present petitioner-owner of the vehicle and same is disbursed to the claimant-mother of the deceased. Smt. Panchi w/o Bhana Ram subject to final decision of the claim afresh by MACT, Pali. 10. Accordingly, this writ petition is disposed of and the impugned award dated 7/9/1998 is set aside and matter is restored back to the Motor Accident Claims Tribunal, Pali for deciding the claim petition afresh in accordance with law after affording opportunity of hearing and leading evidence to the petitioner-owner of the vehicle, Mohan Ram, and the said case may be decided within a period of three months from today. The parties may themselves or through their counsel appear before the learned Tribunal. in the first instance, on 29/12/2011. The parties may themselves or through their counsel appear before the learned Tribunal. in the first instance, on 29/12/2011. However, in order to ensure compliance of the directions of deposit and disbursement of 50% of the awarded sum i.e. Rs. 65,000/- to the claimant mother Smt. Panchi w/o Bhana Ram. this Court directs that the petitioner owner Mohan Ram to deposit the said amount of Rs. 65,000/- with MALT, Pali immediately and may abo inform this fact in writing as well as orally to the claimant Smt. Panchi w/o Bhana Ram and learned Tribunal is directed to disburse the said amount of Rs. 65,000/- to Smt. Panchi w/o Bhana Ram in his presence and report along with receipt of such disbursement of Rs. 65,000/- may be forwarded to this Court within a period of one month from today. 11. The order this Court setting aside award dated 7/9/1998 and restoring the case back to learned Tribunal for fresh decision shall come into effect only after such report and receipt of disbursement to the claimant Smt. Panchi w/o Bhana Ram is verified by this Court. For this purpose. list this matter before this Court on 16/12/2011. Let a copy of this order be sent by registered AD post to the respondent claimant Smt. Panchi w/o Ghana Ram forthwith.Order accordingly. *******