BHAKTIN BAI Vs. JARNAIL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 12.5.1997 in Claim Case No. 1/4 by IInd Additional Motor Claims Tribunal, Rajnandgaon, whereby the application for adjournment filed on behalf of the appellants/claimants was dismissed, so also the claim petition itself.

(2.) IT appears that the appellants/claimants have filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of death of Ramesh Kumar in a motor accident arising out of collision of two trucks. The appellants/claimants adduced some evidence, but on a subsequent opportunity and hearing for adducing further evidence, the appellants were absent. Their Counsel filed an application for adjournment as well as an opportunity to lead additional evidence. That application was dismissed by the impugned order and consequently the claim petition was also dismissed.

(3.) LEARNED Counsel for the respondent No. 2 stated that in case the appellants are granted opportunity to adduce evidence, the respondent should be permitted to lead evidence in rebuttal. Counsel for both the parties agreed that they would be keeping their witnesses present on the date fixed by the Tribunal in that regard.