ANAMIKA ASHOKBHAI PRAJAPATI Vs. TEJASKUMAR ASHOKBHAI PRAJAPATI

JUDGEMENT

(1.) Challenge in this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act ) is to the order dtd. 6/2/2017 passed in Motor Accident Claim Petition No. 593 of 2011 by the learned Motor Accident Claims Tribunal (Main), Mahesana (the Tribunal), whereby, the claim petition filed by the present appellant, came to be dismissed for default as the appellant could not remain present before the Tribunal.

(2.) Heard, learned advocate Mr. Nishit Bhalodi for the appellant and learned advocate Mr. Rathin Raval for the respondent No. 5 - insurance company.

(3.) As against this, learned advocate Mr. Rathin Raval for the respondent No. 5 - insurance company vehemently contended that the claimant was informed by the Tribunal about the proceedings and the Tribunal had very consciously even written post card with Outward No. 16/2017 dtd. 18/1/2017, despite that, the appellant had not turned up to the Tribunal to give her own evidence and therefore, Mr. Raval submitted that the claim petition has been rightly dismissed.