BHURIBEN Vs. MANNANBHAI LAJARASHBHAI NINAMA

JUDGEMENT

(1.) Heard Mr. Mohsin M.Hakim, learned advocate for the applicants and Ms. Lilu K.Bhaya, learned advocate for respondent no.3.

(2.) The challenge to the order of dismissal for default dtd. 16/2/2017 in MACP No.1992 of 2004 by M.A.C.T (Aux.) Panchmahals at Godhra is given by the applicants, as widow and elder son of the deceased with four other minors, who had preferred the claim petition.

(3.) Mr. Mohsin M.Hakim, learned advocate for the applicants submitted that on 16/1/2017, the issues were framed by the Tribunal and observing that the claimants have never produced any basic documents at the time of filing of the claim petition, dismissed the claim petition on the ground that petitioner had not stepped into the witness box. Mr. Hakim submitted that it was open for the Tribunal to call for information in Form-54 under the Central Motor Vehicles Act from the Investigating Officer for the basic documents, which would be in the form of FIR, Panchnama and the charge- sheet, as it was a fatal case of deceased - Kalubhai Manabhai Dangi, who faced with vehicular accident on 15/7/2004, when he was driving a Jeep being Jeep No.GJ- 08-1381 from village Chhapri on Dahod - Jhalod highway, where the opponent no.1 came by driving Jeep No.GAD 5522 rashly and negligently with excessive speed, lost control over his vehicle, and thereby Jeep left the road and came on extreme wrong side and dashed with the jeep of the deceased, and because of the accident, on account of grievous injuries sustained by the deceased on different parts of the body, thereby succumbed to death.