(1.) Mr. Nishit A.Bhalodi, learned advocate for the petitioner submits that the claimants are before this court aggrieved by the order of the learned Tribunal dated 2. 02.2021, wherein the claim petition came to be dismissed observing that the applicant had neither produced oral as well as documentary evidence, and has failed to prove the involvement of the vehicle.
(2.) Mr. Bhalodi stated that the learned Tribunal had framed the issues at Exhibit-15 on 25/2/2020 and thereafter the nation was suffering Covid-19 pandemic and owing to the lock-down the physical functioning of the Court was also stopped. In spite of that fact, on 2/2/2021, the learned Tribunal dismissed the claim petition without even considering the fact that the movement of the people were restricted owing to the lock-down, and the learned Tribunal has failed to even appreciate that aspect.
(3.) The claim petition came to be dismissed on 2. 02.2021, where the physical functioning of the courts were restricted and owing to the lock-down litigants could not physically appear before the courts. The issues were framed on 25/2/2020 below Exhibit-15. The learned Tribunal has noted that notice was served on 27/6/2019, and, thus thereupon observed that the applicant and his learned advocate failed to file his deposition in support of the claim petition. Advocate Mr. Bhalodi stated that it was only on 25/2/2020, the issues were framed below Exhibit-15 in impugned Motor Accident Claims Petition No.1514 of 2017. Learned Advocate Mr. Bhalodi has produced certified copy of Exhibit-15, which reflects the same.