MANHARBHAI HIRABHAI PARMAR Vs. HASHMUKHBHAI KARSHANBHAI BORADIYA (DRIVER)

JUDGEMENT

(1.) By way of the present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed as under:

(2.) Pursuant to the Notice issued by this Court, respondent No.3 has appeared through learned advocate Mr.Sunil Parikh.

(3.) Brief facts, arise from the record, are as under: That the petitioner filed a claim petition being Motor Accident Claim Petition No.112 of 1999 for getting compensation under section 163 of the Motor Vehicle Act and requested to give compensation at Rs.2,50,000/ - with running interest at the rate of 12% per annum, from the date of filing of the application. The petitioner also filed application u/s.140 of the Motor Vehicle Act for interim compensation at Rs.25,000/ -, which was allowed and insurance company was directed to pay an amount of Rs.25,000/ - towards interim compensation. Neither the petitioner nor his advocate could have remained present before the Tribunal at the time of hearing of the aforesaid claim petition and, therefore, the same was dismissed for non -prosecution by the Tribunal on 14/09/2007. Having come to know about the disposal of the claim petition on