BHURLA Vs. MAKINGIR

JUDGEMENT

(1.) Being aggrieved by the award dated 9.9.2000 passed by Motor Accidents Claims Tribunal, Alirajpur, District Jhabua in Claim Case No. 135 of 2000 whereby the claim petition was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that Bhurli was mother of the appellant sustained injuries in an accident has filed the claim petition which was initially numbered as 135 of 2000. During the pendency of the claim petition Bhurli died and the claim petition was prosecuted by her son, who is the present appellant and was taken on record.

(3.) That case was contested by respondent. The allegations were denied. During the pendency of the case on the basis of pleadings the learned Tribunal framed the issues and fixed the case for evidence on 6.9.2000. On this date the appellant was not present. The case was adjourned for 7.9.2000, on that date the appellant moved an application for taking his evidence. But the learned Tribunal further fixed the case for evidence on 8.9.2000. On that date the appellant moved an application along with a prayer for recording of his evidence but learned Tribunal dismissed the application and after hearing the arguments the claim petition was dismissed as the allegations made in the claim petition were found not proved.