CHAITANYA DIPSANGBHAI CHAVDA Vs. ALLAHRAKHA GULAM NABI MANSURI

JUDGEMENT

(1.) By way of this Appeal, the Appellants - original claimants have challenged the judgment and award dtd. 29/9/2017 passed by the learned Motor Accident Claims Tribunal (Aux. V) & 5th Additional District Judge, Ahmedabad [Rural] at Mirzapur, Ahmedabad, in M.A.C.P. No.1551 of 2001.

(2.) Learned Advocate for the appellants submitted that the learned Motor Accident Claims Tribunal had dismissed the Claim Petition with the observations that the claim petition is of the year 2001, and since then, no further progress has been made from the applicant's side though sufficient time and opportunity was given to bring the evidence on record and prove the claim and thus, the Tribunal was unable to decide the negligence and quantum in the matter. It is further submitted that the learned Tribunal has referred to the judgment of this Court in the case of Bharatbhai Narsinghbhai Chaudhary and Others v. Malek Rafik Malek Himmatbhai reported in 2011 (2) G.L.R. 1324 wherein it is very clearly laid down that the Tribunal has no power to dismiss the Claim Petition for default and should record the finding on merits. It is submitted that the learned Tribunal without giving any reasons on merits has dismissed the matter for default. It is submitted that the Claim Petition was of the year 2001, the claimants are the widow of the deceased and two children, out of which one child was a minor. The claimants were never informed about the date of framing of issues and necessary documents in the form of police papers and all other supporting documents were in the possession of the Advocate. However, it appears that because of the long period of pendency of the matter, the documents could not be filed nor the claimants were made aware of the date of adducing evidence.

(3.) Countering the above arguments, learned Advocate for the respondent No.3 - the Insurance Company Ms. Karuna V. Rahevar submits that it is the duty of the claimants to keep themselves updated regarding the progress of the trial. Further, the claimants were represented by an Advocate on record and it is duty of the Advocate to timely produce the affidavit/supporting documents and/or inform the claimants/litigants accordingly.