ISRAIL MALIK Vs. NIRMAL SINGH

JUDGEMENT

(1.) BY way of this appeal, the appellants seek to assail the judgment of the Motor Accident Claims Tribunal dated 20.01.2010.

(2.) THE facts leading to the filing of the appeal are that in the year 1997 the appellants filed a petition for grant of compensation of Rs. 12,05,000.00 on account of the death of their son in a road accident which took place on 02.10.1996 near Gopal Ganj G.T. Road, Police Station Nirsa, District Dhanbad, West Bengal. At the time of the filing of the aforesaid claim petition, the appellants were residents of Delhi where the appellant No.1 was working as an accountant (Munshi) with M/s. Jagdish Fruit Agency at C-51, New Subzi Mandi, Azadpur, Delhi. The learned Motor Accident Claims Tribunal by its judgment dated 15.11.2003 passed in Claim Petition No.266/2002 however held that no reliance could be placed on the ration card Ex.PW1/8 to hold that the petitioners were residents of Delhi, that it appeared that the petitioners were residents of Village Babhnour, P.O. Hasapur, District Nawadah, Bihar, and were not residing in Delhi at the time of the filing of the petition, and thus that the present petition was not maintainable in a Court in Delhi. The petition was accordingly ordered to be returned to the petitioners (the appellants herein) for presentation before the proper Court.

(3.) THE appellants thereupon filed an appeal against the impugned orders dated 15.11.2003 and 22.04.2004, which came to be registered as MAC. APP. No.338/2004. The said appeal was, however, dismissed in default on 6th August, 2004. There again applications, bearing CM Nos.6567, 6568 and 6569/2007 came to be filed for restoration of the appeal and for condonation of delay in filing the same. The aforesaid applications were disposed of by this Court by passing the following order: % 09.05.2007 Present: Mr. R.S.Roy, for the appellant. +Cms. 6567, 6568, 6569/2007 in MAC. APP. No. 338/2004