VASUBHAI Vs. MATHURBHAI NARSINHBHAI DAMOR

JUDGEMENT

(1.) Mr. Dharamversinh J. Solanki, learned advocate for the appellant submits that by way of present appeal filed by the appellant, prayer is made to quash and set aside the ex-parte order dtd. 26/09/2018 passed by learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad City in Motor Accident Claim Petition No.618 of 2011 which came to be dismissed for default and further be pleased to remand the matter for hearing after giving opportunity to adduce evidence to all the parties in the interest of justice.

(2.) Mr. Solanki, learned advocate submits that the order of the learned Tribunal is illegal and improper since the Tribunal has no power to dismiss the claim petition for default and it is necessary to record the findings on merits in view of the ratio laid down in the case of Bharatbhai Narsinghbhai Chaudhary and Others v. Malek Rafik Malek Himmatbhai reported in 2011 (2) G.L.R. 1324.

(3.) Referring to rojnama, Mr. Solanki, learned advocate submitted that neither the claimants nor the advocate was informed about transfer of the matter in the evening court. Further the claimant has no knowledge as to when the matter was sent to the Tribunal which was designated as CBI Court. After resuming the matter on 06/04/2017, by Special CBI Court No.2, on 05/05/2017, the court framed the issues at Exh.39 and adjourned the matter but no notice was issued to either of the parties of initiation of the trial.