SHAILESHBHAI PRATAPBHAI SOLANKI Vs. JOSHI NALEENBHAI HEERALAL

JUDGEMENT

(1.) Challenge is given to the judgment dtd. 9/7/2018 passed by MACT, Nadiad in MACP no.326 of 2009, whereby the petition came to be dismissed observing that the claimant failed to produce any type of documents inspite of number of opportunities provided by the Tribunal. Learned advocate submitted before the Tribunal that he was not in contact with the client since long.

(2.) Since the matter was more than 9 years old, the evidence of the claimant was closed by order dtd. 9/7/2018. It appears that on the very same day, on closing the stage of evidence of the claimant, the learned Tribunal dismissed the claim petition. The Tribunal ought to have placed the matter for the evidence of the respondent instead of dismissing the claim petition outright on the very same day.

(3.) In failure of claimant producing any evidence, the Tribunal ought to have called for the information under Form 54 of the Motor Vehicle Act as laid down in the case of Jai Prakash v. National Insurance Company Limited, reported in (2010) 2 SCC 607.