GANGADHAR KASHINATH PATWARI Vs. SUNANADA NILKANTHRAO BADGIRE

JUDGEMENT

(1.) Heard Mr. Bhore, learned counsel for the petitioner and Mr. Chaudhari, learned counsel for respondents.

(2.) The petitioner, is the respondent in Motor Accident Claim Petition No. 35 of 2005 filed in the court of learned M. A. C. Tribunal at udgir, District Latur by the respondents/original claimants under Section 166 of Motor Vehicles act, 1988 (hereinafter referred to as "the Act of 1988" for short). The petitioner is also respondent in another application filed by the respondents/claimants under Section 140 of the act, 1988 in the same court.

(3.) The petitioner, moved an application at Exh. 23 in M. A. C. P. No. 35 of 2005 on 31-3-2006. The respondent by an application, requested the learned Member, m. A. C. Tribunal to hear the application under sections 140 and 166 of the Act, 1988. In other words, the petitioner requested for hearing no fault liability application under section 140 together with application under section 166 of the Act, 1988. The learned trial court, recorded the finding that the petitioner as well as his advocate, were called several times, however, they were not present, therefore, rejected the application. It appears from the order passed by the trial court dated 7-6-2006 that the matter was called out before the recess and after recess also. However, neither the petitioner nor his counsel turned up to the court. The trial court after hearing the respondents rejected the application holding that there is no substance in the application.