KALIBEN SOMABHAI DAMOR Vs. ILIYAS UMAR FAROOQ GUNIYA

JUDGEMENT

(1.) Heard Mr. Thakker, learned advocate for the appellant and Mr. Mazmudar, learned advocate for the respondent no.3.

(2.) Challenge is given to the dismissal order passed in MACP No.1915/01 dtd. 7/9/2017 by the MACT (Aux), Panchamahal at Godhra. The learned Tribunal observed that the petitioner has never produced any documentary evidence at the time of filing the claim petition and has not proved the genuineness of the alleged vehicular accident by entering into witness box as per Rule 211 of the Gujarat Motor Vehicles Rules or otherwise and as the alleged accident is of the year 1999, the learned Tribunal found that the parties and the learned advocates are not interested to proceed further inspite of sufficient opportunity granted to them and thus, the Tribunal found that it has no option except to dismiss the claim petition, while liberty was granted to the claimants to file the petition along with all documents afresh without being affected by the provisions of law of limitation.

(3.) In the case of Bharatbhai Narsinghbhai Chaudhary and Ors. v. Malek Rafik Malek Himmatbhai, reported in 2011 (2) GLR 1324, the Court has observed that the Tribunal has no power to dismiss the claim petition for default. It would thus be necessary upon the Tribunal to issue a notice to the claimants and the Advocates appearing on record after framing of the issues for providing the Affidavit in the form of examination-in-chief supported by the documents.