It is submitted by the learned counsel for the petitioner that the petitioner has filed a claim petition under Motor Vehicle Act for claiming compensation on account of death of Mohd. Imitiyaz @ Mohd. Bhaiyan. The claim petition was registered as M.A.C.P No. 965 of 2013. The claim petition was allowed by the Motor Accident Claim Tribunal/Special Judge, E.C. Act, Allahabad vide judgement and order dated 14.12.2016 and compensation of Rs. 7,49,000/- along-with 7% interest has been awarded in favor of petitioner and liability to pay the compensation has been fixed upon respondent no. 2 who is the owner of the vehicle. Respondent no. 2 had moved an application under Order 9 Rule 13 of C.P.C before the tribunal on the ground that judgement and award dated 14.12.2016 is an ex-parte order and the tribunal had allowed the application under Order 9 Rule 13 of C.P.C filed by respondent no. 2 vide order dated 30.05.2019 and order dated 14.12.2016 was recalled. It is submitted by the learned counsel for the petitioner that after the order dated 30.05.2019, the claim petition is pending for disposal and the petitioner is facing hardship.
