(1.) THIS appeal is directed against the order dated 17.2.1984 of Motor Accidents Claims Tribunal, Dhar, passed in Claim Case No. Ill of 1980 whereby the claim petition has been dismissed for non -appearance and non -prosecution of the case by the claimant.
(2.) BRIEF history of the case is that the claimant (appellant here) filed a claim on 11.12.1980 with the assertions that his father Lalu died due to rash and negligent driving of the vehicle by respondent No. 2, Kehar -singh, driver of the vehicle, on 26.9.1980 at about 10 a.m. The accident is said to have occurred on A.B. Road near Dhamnod. The case was being adjourned for non -payment of process fee and the correct address of the respondents. A substituted service by publication in the newspaper was directed, vide order dated 17.1.1984 and the case was fixed for 17.2.1984. The claimant did not appear on 17.2.1984. Respondents also did not make their appearance. Therefore, the claim was dismissed in the absence of the claimant. This appeal has been filed against the said order.
(3.) MADHYA Pradesh Motor Accidents Claims Tribunal Rules, 1959, have been made applicable from 7.4.1959. Rule 14 provides as follows: