HAJRABHAI MAMAD ABDA Vs. KER AYUB SIDHIK

JUDGEMENT

(1.) By way of this Appeal, the Appellant-claimant has challenged the judgment and award dtd. 5/8/2021 passed by the learned Motor Accident Claims Tribunal (Auxi.), Bhuj-Kachchh in M.A.C.P. No.28 of 2016.

(2.) Learned Advocate Mr. Harsh Joshi appearing with learned Advocate Mr. Hiren M. Modi for the appellant-claimant submitted that the petition was under Sec. 163A of the Motor Vehicles Act, 1988 but the learned Tribunal dismissed the petition for want of prosecution on 5/8/2021; while the learned Tribunal was required to decide the Claim Petition on merits. It is further submitted that the appellant was not required to plead and prove that the death or permanent disability in respect of which the claim was made was due to a wrongful act or neglect of the owner of the vehicle concerned or of any person. It is further submitted that the learned Tribunal had come to the conclusion that as appellant had failed to remain present to give evidence on record then at the most, the learned Tribunal could have closed the stage, could have put the matter for evidence of the opponent and could have decided the compensation amount.

(3.) Heard learned Advocate for the appellant-claimant; perused the material on record. This Court would like to refer to the decision 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 and the relevant part of the decision is reproduced herein below as under :-