BHAGUBHAI MATHURBHAI VASAVA Vs. ISHWARBHAI DAHAYABHAI

JUDGEMENT

(1.) THIS appeal filed by the original -claimants is directed against the judgment and award dated 31st December 2002 passed by the Motor Accident Claims Tribunal, Bharuch in MACP No.586 of 1996.

(2.) JAYABEN Pravinbhai Vasava and Pravinbhai Bhagubhai Vasava died in a motor vehicle accident which took place on 6th May 1994 when the deceased were traveling in a jeep. The jeep was involved in a motor vehicle accident when the driver of the jeep lost control over steering and skidded off the road and dashed against a tree. Parents of Pravinbhai and minor daughter of Pravinbhai and Jayaben filed Claim Petition Nos.586 and 587 of 1996 for claiming compensation for the death of Jayaben and Pravinbhai respectively. In relation to the death and/or injuries to other passengers in the jeep, a number of other claim petitions also came to be filed. All the claim petitions were consolidated and were posted for leading evidence. It appears that no evidence was led in four claim petitions including the one giving rise to the present appeal. Therefore, the Tribunal dismissed those four claim petitions on the ground that the claimants did not produce any evidence though sufficient time was granted to them. The claim petitions were thus dismissed for want of prosecution. The Tribunal decided other claim petitions awarding compensation ranging from Rs.15,000/ - to Rs.1,28,200/.

(3.) MR .Hakim, learned advocate for the appellants has submitted that the Tribunal ought not to have dismissed the claim petition on the ground that the claimants had not led any evidence. It is also alternatively submitted that the claimants belong to poor strata of the society and that the claimants had to move from one place to another for getting work and therefore, the learned advocate appearing before the Tribunal also could not contact the appellants.