NANABHAI DHIRABHAI RAVAL Vs. SHANKARLAL LALAJI VAGADIYA

JUDGEMENT

(1.) It is submitted by Mr. Chauhan, learned advocate for the petitioners that MACP no.2017/17 (Old MACP no.294/12) came to be dismissed for default on 10/12/2021 by MACT, Mahisagar at Lunavada on the ground that neither the advocate, nor the claimant had remained present, though liberty was given to them and the claimants have not entered into the witness box for oral evidence and has not produced affidavit under Order 18 Rule 4 of the CPC.

(2.) Mr. Chauhan, referring to the the decision in the case of Bharatbhai Narsinghbhai Chaudhary & Ors. v. Malek Rafik Malek Himmatbhai, reported in 2011 (2) GLR 1324 submitted that no claim petition could be dismissed for default without giving the decision on merits. It is submitted that the learned Tribunal, in failure of the claimants to appear for giving the oral evidence, should have called for the information under Form-54 of the Motor Vehicles Act as laid down in the case of Jai Prakash v. National Insurance Company Limited , reported in (2010) 2 SCC 607 and when it was the case of death of a minor child. Advocate Mr. Chauhan submitted that only placing reliance on the judgments in the cases of Kishan Gopal & Anr. v. Lala & Ors ., reported in (2014) 1 SCC 244 and Lata Wadhwa & Ors. v. State of Bihar & Ors., reported in (2001) 8 SCC 197, the learned Tribunal could have considered the notional income as Rs.30,000.00 and by applying multiplier of 15, would have granted Rs.4,50,000.00 as dependency loss and further under the conventional heads, could have granted Rs.50,000.00 and thus, compensation of Rs.5,00,000.00 ought to have been allowed as prayed for. Mr. Chauhan further stated that as per the observation of the learned Judge, the claim petition was supported with documentary evidence and thus, stated that the same itself would have suffice for giving the judgment on merits.

(3.) In the decision in the case of Bharatbhai Narsinghbhai Chaudhary (supra), the Court has observed that the Tribunal has no power to dismiss the claim petition for default. It would be incumbent 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.