The court below found that the petitioner appeared in the Motor Accident Claim Petition and filed her written statement on 5.12.2008. Thereafter, she committed default and the ex parte award was passed on 5.10.2010, while the application for setting aside ex parte award was filed on 27.10.2016. The petitioner has given explanation for the inordinate delay in filing the application that she being a lady and outsider, instructed her counsel, who assured that he would watch the proceeding of the case, but he has committed breach and not informed even the order passing the ex parte award dated 8.10.2010.. It is only when in the execution proceeding, a notice was received, then the petitioner appeared and filed the application for setting aside ex parte award. Thus, reason for the petitioner's absence from 5.12.2008 to 27.10.2016 was disbelieved by the Motor Accident Claim Tribunal. This Court in exercise of writ jurisdiction, cannot re-access the evidence as sufficiency of cause was not found to be correct by the court below.
