JUDGMENT Anoop Kumar Dhand, J. - Both these appeals arise out of the impugned judgment dated 07.03.2018 passed by the Motor Accident Claims Tribunal & Additional District and Sessions Judge, Fatehpur Shekhawati, Sikar (hereinafter referred to as 'the Tribunal') in claim case No. 49/2016 (623/2015) by which the claim petition filed by the claimants was allowed ex parte. Insurance Company has submitted its appeal for setting aside the ex parte award while the claimants have submitted their appeal for enhancement. Civil Miscellaneous Appeal No. 1189/2019:- 2. Counsel for the Insurance Company submits that initially the claim petition was submitted before the Motor Accident Claims Tribunal, Sikar, (for short, 'the Tribunal, Sikar') in which after notice, the appellant-Insurance Company appeared through counsel and counsel for the Insurance Company sought time to file reply on certain dates. Thereafter, the claim petition was transferred from the Tribunal, Sikar to the Tribunal, Fatehpur Shekhawati, Sikar vide order dated 22.11.2016 and the date for appearance before the Tribunal, Fatehpur Shekhawati, Sikar was fixed for 25.11.2016. 3. Counsel further submits that the brief holder of the counsel for the Insurance Company appeared before the Tribunal and sought time to file reply, but no reply was submitted and thereafter, on account of non-appearance of the counsel, ex parte order was passed on 25.10.2017 and the matter was proceeded ex parte against the Insurance Company and finally the ex parte award was passed vide judgment dated 07.03.2018, and the Tribunal directed the Insurance Company to pay compensation to the tune of Rs. 65,55,000/-. Counsel submits that the counsel appearing for the Insurance Company did not inform about the ex parte award to the appellant-Insurance Company, while the Insurance Company was regularly in touch with its counsel and the ex parte award was passed on account of negligence on the part of their counsel. He further submits that even after passing of the ex parte award on 07.03.2018, the counsel wrote a letter to the Insurance Company on 29.06.2018 indicating that the next date posted before the Tribunal was 06.07.2018 for the purpose of filing reply and thereafter, a written statement was prepared duly signed and attested and same was sent to the counsel on 17.07.2018. Counsel further submits that the Insurance Company was under the bona fide belief that the matter is subjudice before the Tribunal, Fatehpur Shekhawati, Sikar and the counsel is taking care of the matter. Counsel further submits that the Insurance Company was under the bona fide belief that the matter is subjudice before the Tribunal, Fatehpur Shekhawati, Sikar and the counsel is taking care of the matter. He further submits that the appellant-Insurance Company was shocked to receive a notice of SB Civil Misc. Appeal No. 3740/2018 submitted by the claimants for enhancement of the amount of compensation awarded by the Tribunal, Fatehpur Shekhawati, Sikar before this Court. 4. Counsel further submits that even a letter was sent to the counsel about the aforesaid situation, but no satisfactory reply was received. Counsel submits that even the counsel submitted an application under Order 9 Rule 13 CPC for setting aside the ex parte award, without signatures of the competent authority of Insurance Company. Counsel submits that the Insurance Company never submitted any application under Order 9 Rule 13 CPC. The said application was submitted by the counsel at his own. He submits that a very heavy exorbitant ex parte award was passed against the Insurance Company by the Tribunal, Fatehpur Shekhawati, Sikar and the appellant-Insurance Company has been directed to pay an amount of Rs. 65,55,000/- as compensation. 5. Counsel further submits that without getting any proper opportunity to contest the claim, ex parte award has been passed because of the negligent act of the counsel. Thus, he prayed that under these circumstances, the ex parte award may kindly be quashed and set aside and proper opportunity may kindly be afforded to the appellant-Insurance Company to contest the claim before the Tribunal, Fatehpur Shekhawati, Sikar. 6. Per contra, learned counsel for the respondents-claimants and non-claimants opposed the submissions made by counsel for the appellant-Insurance Company and submit that sufficient opportunity was provided to the Insurance Company and in spite of availing sufficient opportunities, no reply was submitted, hence, the Tribunal, Fatehpur Shekhawati, Sikar has not committed any error in passing the ex parte order as well as ex parte award against the Insurance Company. Counsel submit that, under these circumstances, interference of this Court is not warranted. 7. Heard the rival submissions and with the assistance of counsel for the parties, perused the documents available on record. 8. Counsel submit that, under these circumstances, interference of this Court is not warranted. 7. Heard the rival submissions and with the assistance of counsel for the parties, perused the documents available on record. 8. Perusal of the documents available on the record indicates that initially the claim petition was filed before the Tribunal at Sikar and thereafter, on receiving of notices, the appellant-Insurance Company put appearance through counsel, who sought time to file reply to the claim petition. Subsequently, the claim petition was transferred to the Tribunal at Fatehpur Shekhawati, Sikar, where also the counsel for the Insurance Company sought time to file reply and when no reply was submitted, ex parte orders were passed and finally ex parte award was passed on 07.03.2018. 9. The correspondence between the counsel and the Insurance Company has been produced on record of this appeal, which indicates that the Insurance Company was under the bona fide belief that the matter is pending before the Tribunal, the letter dated 29.06.2018 written by counsel indicates that the Insurance Company was informed about the next dated i.e. 06.07.2018 for the purpose of filing reply, while on the other hand, record indicates that the matter was decided ex parte way back on 07.03.2018. 10. The letter dated 17.07.2018 also indicates that after receipt of the above letter from the counsel, written statement was prepared and the same was duly signed and attested by the authorised person. Even thereafter, the counsel for the Insurance Company did not intimate about passing of the ex parte award. The record indicates that for the first time, the Insurance Company came to know about the ex parte award when the Insurance Company received notice of SB Civil Misc. Appeal No. 3740/2018 submitted by the claimants before this Court for enhancement of the award. 11. The appellant-Insurance Company has explained justified reasons of its non-appearance before the Tribunal. It is the settled proposition of law that any party cannot be made sufferer on account of the mistake of the lawyer. 12. The Punjab and Haryana High Court has held in the case of N.K.. Electronics v. Narinder Kumar that:- "7. The relations between the party and his agent/advocate are very sacrosanct and of very pious nature. It is the settled proposition of law that any party cannot be made sufferer on account of the mistake of the lawyer. 12. The Punjab and Haryana High Court has held in the case of N.K.. Electronics v. Narinder Kumar that:- "7. The relations between the party and his agent/advocate are very sacrosanct and of very pious nature. The advocate through his power of attorney promises to pursue the case to the end and he has no right to abstain from the court and also to inform the party in case any adverse or favourable order is passed in the case of his client. While dealing with the duties of the advocate towards his party, the Apex Court in case Secretary, Department of Horticulture, Chandigarh and another v. Raghu Raj, (2008) 13 SCC 395 observed as under:- "An advocate has no right to remain absent from the Court when the case of his client comes up for hearing. He is duty bound to attend the case in Court or to make an alternative arrangement. Non-appearance in Court without 'sufficient cause' cannot be excused. Such absence is not only unfair to the client of the advocate but also unfair and discourteous to the Court and can never be countenanced. At the same time, however, when a party engages an advocate who is expected to appear at the time of hearing but fails to so appear, normally a party should not suffer on account of default or non- appearance of the advocate." 8. A party, when engages the advocate, presumes that he would all the way be sincere to conduct his case, support his cause to the best of his ability, knowledge and competency. Their relationship has a foundation of mutual trust and confidence. He would represent his case and work under his instructions and he would inform him about the court proceedings from time to time and in case of his non appearance, he would arrange for a substitute. As per Black's Law Dictionary; Advocate is a person who assists, defends, pleads or prosecutes for another. Since the times immemorial, the office of an advocate is placed at a high esteem, treated with honour, dignity and respect. Though presently barring some abrasions, still it has not lost its image. The Advocates commanding seniority, and repute at their face still behold respect and confidence. Since the times immemorial, the office of an advocate is placed at a high esteem, treated with honour, dignity and respect. Though presently barring some abrasions, still it has not lost its image. The Advocates commanding seniority, and repute at their face still behold respect and confidence. The courts expect the lawyers practicing in the courts of law to be courteous knowledgeful and wise in their arguments; appear impressive in their robes; pleasant and cheerful, protective, defensive, clean, truthful and honest in their conduct and respectful, regardful in their body language. They besides being the artisan of Rule of Law, are the media between the courts and the customers of justice. They are supposed to assist the courts fairly and without concealment of facts. They should maintain the dignity of the law as well as the courts. They should maintain the principle of privileged communications between them and their clients. The Apex Court, while highlighting duties of the lawyers in case Rafiq and another v. Munshilal and another, 1981 (2) SCC 788 observed as under:- "...... After engaging a lawyer, the party may remain supremely confident that the lawyer will look after his interest. At the time of the hearing of the appeal, the personal appearance of the party is not only not required but hardly useful. Therefore, the party having done everything in his power to effectively participate in the proceedings can rest assured that he has neither to go to the High Court to inquire as to what is happening in the High Court with regard to his appeal nor is he to act as a watchdog of the advocate that the latter appears in the matter when it is listed. It is no part of his job..... 9. When a party performs his part of contract towards the advocate, then he all the way is innocent of the acts, the advocate has done, and he should not be allowed to suffer for any such act of his counsel for the inaction, deliberate omission or negligence of his agent which in the natural circumstances, the party would not have done or apparently his valuable rights had been put to jeopardy and such negligence was detrimental to the valuable rights of the party. It is also often seen that on account of the fact that the counsel are too busy to attend a particular case, make inadvertent statements by mixing one case with the other, miss the brief, miss to attend the court on account of their health problem or on account of recording wrong dates, as such the courts being oblivious of such problems, the advocates are facing, have been condoning the acts, omissions and such faults for which the party has to suffer, lest the legitimate and meritorious claims go against them being unheard, unattended, undefended, untried and uncontested. This Court also, in case Dinesh Kumar v. Chanderkala and another, 2011 (4) PLR 211 while scrutinizing the relationship between the advocate and his client and the apathy of the client to suffer on account of the negligence and inaction on the part of the advocate, observed that since the litigant is not to be benefitted for the absence of his advocate in defending the case and the litigant himself was not in any way negligent as his advocate was duty bound to attend in his absence and no motive could be attributed to the defendant-appellant that he was to be benefitted in any manner by filing late application. Non attendance of the party and non appearance of the counsel on particular date could be treated as sufficient ground for setting aside the ex-parte decree. It was also observed in case Lal Devi and another v. Vaneeta Jain and others, (2007) 7 SCC 200 wherein it was observed as under:- "When the suit was called out before the Court of the learned District Judge, counsel for the parties ought to have been present in Court. If on account of any unforeseen or unavoidable reason it was not possible for the defendant or his counsel to be present in Court, courtesy demanded that a representation ought to have been made before the Court by any other counsel so that the Court was informed that the counsel engaged were busy in the High Court. If such a request was made, we have no doubt that the learned District Judge would have accommodated counsel for the defendant. It is not unusual for the lower Courts to accommodate counsel on whose behalf a representation is made about their absence on account of remaining pre-occupied before the High Court. If such a request was made, we have no doubt that the learned District Judge would have accommodated counsel for the defendant. It is not unusual for the lower Courts to accommodate counsel on whose behalf a representation is made about their absence on account of remaining pre-occupied before the High Court. We have no doubt that the counsel for the defendant were remiss in not showing even the minimum courtesy expected of them." 13. In view of the factual aspects narrated above, the impugned ex parte award dated 07.03.2018 is quashed and set aside. 14. The matter is remitted back to the Tribunal Fatehpur Shekhawati, Sikar. The parties are directed to appear before the Tribunal at Fatehpur Shekhawati, Sikar on 28.09.2022. 15. The Tribunal is further directed to decide the claim petition expeditiously as early as possible preferably within a period of one year from the date of appearance of parties before the Tribunal. 16. The Tribunal is further directed to provide opportunity of filing reply and after taking reply of the Insurance Company on record, provide opportunity of hearing to all the parties. All the parties would be at liberty to submit appropriate documents by way of filing appropriate applications. The Tribunal would decide the same in accordance with law. 17. Resultantly, the appeal filed by the Insurance Company is hereby disposed of in above terms. Civil Miscellaneous Appeal No. 3740/2018:- 18. Instant appeal has been submitted by the claimants for enhancement of the ex parte award. Since, the award has been quashed and set aside by this Court and the matter is remitted back to the Tribunal for fresh adjudication of the claim petition on merits after providing opportunities of hearing to the Insurance Company, no orders are required to be passed in this appeal. 19. The appeal filed by the claimants stands disposed of in terms of the above order.