SUNITA ROOCHAND Vs. ODHAVNIBHAI @ BHARATBHAI DAHYABHAI

JUDGEMENT

(1.) THIS appeal arises out of an order dated 30.11.2002 passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in Review Application No. 3 of 2001 in MAC Petition No. 483 of 1990.

(2.) BRIEF facts leading to the appeal are as follows : -

(3.) AS noted earlier, original claimant Rupchand Motiram expired on 8.9.1997 whereas his claim petition came to be dismissed for non prosecution on 31.12.1997. The judgment dated 31.12.1997, therefore, was an order against a dead person. On this ground itself, the order would suffer from legal lacuna. Quite apart from this, we find that the Tribunal ought not to have rejected the review application filed by the appellants herein.