DESAI BHARATBHAI NAGJIBHAI Vs. KHOKHAR MAHMADBHAI YARMAHMAD

JUDGEMENT

(1.) Mr. Kamlesh S.Kotai, learned advocate for the appellant states that, the appeal has been preferred against the order of dismissal of M.A.C.P. No.314/2013 by Motor Accident Claims Tribunal (Main), Mehsana, where the case was dismissed for non-prosecution.

(2.) Mr. Kotai submits that, the claimant was not informed about framing of issues by the Tribunal concerned, nor the Advocate had informed about the progress of the matter. Mr. Kotai further states that the Tribunal ought to have issued a notice to the claimant asking him to adduce evidence, in case, where the Advocate failed to appear.

(3.) The learned Tribunal has observed that after registration of the claim petition, the claimant and his Advocate did not come forward for recording of evidence. After service of notice to the other parties, a reply was filed by the opponent - Insurance Company. The Tribunal had framed issues on 2/3/2017, and the matter was kept for recording of evidence from the side of the claimant. While dismissing the matter, the learned Tribunal observed in paragraph no.6, as under: