LAWS(TRIP)-2014-7-10

JOY SANKAR SAHA Vs. PREMA DEVI

Decided On July 04, 2014
Sri Joy Sankar Saha Appellant
V/S
PREMA DEVI Respondents

JUDGEMENT

(1.) HEARD Mr. Samarjit Bhattacharji, learned counsel appearing for the petitioner as well as Mr. D.C. Roy, learned counsel appearing for the respondents.

(2.) THIS is an appeal, now under Section 173 of the Motor Vehicles Act, against the order dated 26.08.2011, delivered in Civil Misc. No. 181/2010 by the Motor Accident Claims Tribunal, West Tripura, Agartala, Court No. 1, which was filed for setting aside the ex parte judgment and award dated 27.09.2006 in T.S. (MAC)692/2002. The said petition, being Civil Misc. No. 181/2010 was rejected by the Tribunal vide order dated 26.08.2011.

(3.) MR . D.C. Roy, learned counsel appearing for the claimant -respondents has submitted that the claimants cannot be faulted with for any deficiency in the address of the appellant, who was the opposite party in the claim petition. The change in the address was not reported to the registering authority of the vehicles, which the appellant was so bound by law. Mr. Roy, however, has fairly submitted that if the claim is re -tried after affording the opposite party i.e. the appellant herein, opportunity of filing the written objection and the documents, if any, with a direction for disposing the entire claim proceeding within a short time frame, he will have no objection.