KANUBHAI MAFATBHAI PARMAR Vs. THAKORBHAI AMBALAL PATEL

JUDGEMENT

(1.) Ms.R.V.Acharya, learned advocate for the appellant submits that MACP No.31 of 2008 was filed claiming compensation, as the claimant sustained injuries in the motor accident.

(2.) Learned advocate Ms.Acharya submits that learned Tribunal disallowed MACP No.31 of 2008 vide order dtd. 18/12/2017 observing that the claim petition is pending since 2008 and reasonable opportunity has been given to the claimant and his advocate, but not remained present to proceed with the matter; the claimant has not submitted any evidence as per the provisions of the Evidence Act ; the disability certificate, insurance policy and the incident of accident is not properly proved according to law with material legal evidences, dismissed the application. The claim petition came to be disallowed due to lack of chan of evidences and due to the default of the claimant as the claimant was intentionally avoiding the matter and due to negligence of the claimant, observing that the other side has to bear the costs of proceedings and the Tribunal has to spend many papers and inks etc after the matter. Learned Tribunal presumed that the claimant is not interested to proceed with the matter. Thus, learned Tribunal found no other alternative but to disallow the claim petition in default of the claimant.

(3.) In case of the Bharatbhai Narsinghbhai Chaudhary and Others v. Malek Rafik Malek Himmatbhai reported in 2011 (2) G.L.R. 1324, it has been held that the learned Tribunal has no power to dismiss the Claim Petition for default taking into consideration the object behind the Motor Vehicles Act , 1988, i.e. to provide adequate compensation to the claimants. The relevant part of the above decision is reproduced herein below as under :-