RANABHAI JESINGBHAI DODIYA Vs. SUKHDEVGIRI RATANGIRI MEGHNATHI

JUDGEMENT

(1.) Challenge is given to the judgment and order dtd. 3/8/2022 passed by the MACT (Aux), Keshod in MACP No.857/17, which came to be dismissed for default.

(2.) Mr. Bhalodi submits that the accident is dtd. 3/12/2013 and the appellant was going as a pillion rider and was traveling along with the deceased - Varjangbhai who was driving the motorcycle. When they reached Mangrol-Keshod road at about 14.30 hrs., opponent no.1 came with his truck bearing registration no. GJ-11 U-9750 in a full speed and in a rash and negligent manner and dashed the motorcycle. As a result, Varjangbhai died while the present appellant, as a pillion rider, sustained injuries.

(3.) Advocate Mr. Bhalodi submits that the original matter was filed at Veraval- Junagadh District and thereafter, it was transferred to Keshod. Mr. Bhalodi further submits that all the facts regarding the injury and further details regarding the income in the claim petition were mentioned, the learned Tribunal, in absence of advocate or the claimant, ought to have decided the matter on merits on the facts and evidence as were produced and if at all had any doubt regarding the documents on record, then, the Tribunal, as laid down in the case of Jai Prakash v. National Insurance Company Limited , reported in (2010) 2 SCC 607, ought to have called for information under Form-54 to decide the matter on merits and stated that in case the appellant failed to appear before the Court, then, one more opportunity ought to have been granted to him by issuing a notice directing him to adduce evidence and thus, stated that dismissed for default order is without merits.