RAKESH SAHA Vs. SUBHANKAR PAUL

JUDGEMENT

(1.) BOTH these appeals are being disposed of by a common judgment since they arise out of the same accident.

(2.) BY means of these appeals, the claimants have challenged the award dated 04 -07 -2009 passed in T.S.(MAC) 757 of 2002 and T.S.(MAC) 758 of 2002 respectively whereby the learned Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala dismissed the claim petitions since the claimants had led no evidence to prove their case.

(3.) THEREFORE , in the interest of justice, one more opportunity is given to the claimants to lead their evidence. It is made clear that only one opportunity shall be granted and no more. The parties who are present are directed to appear before the learned Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala on 11 -02 -2015 on which date notice shall be issued to respondent No. 2 and it shall be the responsibility of the claimants to ensure that the respondent No. 2 is served. In case, the claimants fail to serve respondent No. 2, then the claim petitions shall be rejected. After respondent No. 2 is served, the learned Tribunal shall give one opportunity only to the claimants to lead their evidence. It is made clear that if the claimants do not lead evidence on the first opportunity, then no further opportunity shall be granted and natural consequences will follow. In case, the claimants lead evidence and finally the claim petitions are decided in their favour, while awarding interest the Tribunal shall take into consideration the fact that the claim petitions have been pending for such a long time due to the negligence of the claimants.