USHABEN Vs. SIRAJBHAI F MANSURI

JUDGEMENT

(1.) THE present appeal is directed against the judgement and award passed by the Tribunal dated 12.6.2009, whereby the claim petition has been dismissed.

(2.) THE relevant facts are that on 18.2.2001, the deceased and his brother were going to Village Chandvasa from Ahmedabad on Motorcycle bearing Registration No.MP-14-B-7095 driven by Rameshkumar Sukhaji Bhagora i.e. the brother of the deceased. When the motorcycle reached near Village Rasulpur at about 3.30 a.m., a jeep bearing Registration No.GJ-9-B-3902 driven by the driver of the jeep Siraj Fatehahmed Mansuri dashed with the motorcycle and in the said accident, the deceased Kantilal Sukhaji Bhagora sustained serious injuries and he succumbed to the injuries and died on the spot. THE claim petition came to be filed being MACP No.694/2002 before the Tribunal for the compensation of Rs.13,50,000/-. It appears that as per the Tribunal, notice was issued to the claimants when the matter came up for hearing, but none appeared on behalf of the original claimants ? appellants herein. THE Tribunal proceeded ex parte and in absence of the any evidence on behalf of the original claimants, the claim petition has been dismissed by the impugned judgement and award. Under these circumstances, the present appeal.

(3.) UNDER these circumstances, we find that the Tribunal, having not considered the said aspects, has proceeded ex parte and has found that as there is no evidence led on behalf of the claimants, in support of the claim petition, the claim petition has been dismissed.