SURESHBHAI MAGANBHAI BARIYA Vs. BUDHIYABHAI TIDIYABHAI PATEL

JUDGEMENT

(1.) Mr. Nishit A.Bhalodi, learned advocate for the petitioner submitted that the claim petition was filed, which was listed as Motor Accident Claim Petition No.699 of 2009, and because of the creation of sub-divisions in the District, the claim petition was transferred to Limkheda Court, and therefore, it was renumbered as MACP No.1195 of 2017.

(2.) Advocate Mr. Bhalodi submitted that the learned Tribunal, Dahod at Limkheda dismissed the petition on 24/1/2019 on the ground of lack of evidence observing that the statement on oath was not submitted by the applicant and in support thereof no documentary evidence was produced throughout the proceeding, and, the stage of the parties were closed subsequently, as were not present in the Court. The learned Tribunal observed that the matter was of 2009, for want of prosecution and for lack of evidence, dismissed the claim petition.

(3.) Relying on the judgment of Bharatbhai Narsinghbhai Chaudhary and Others v. Malek Rafik Malek Himmatbhai, reported in 2011 (2) G.L.R. 1324, Mr. Bhalodi submitted 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:-