GADADHAR BHOI Vs. LOKNATH PANDA

JUDGEMENT

(1.) CLAIMANT is the Appellant in this appeal under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). The relevant portion of the impugned order reads as follows:

(2.) I am constrained to remark that the Tribunal has not assessed the evidence at all. The date of accident and the nature of injuries are not disputed. In the written statement it was stated:

(3.) BESIDES , I find from the Order No. 38 dated 7.8.1980 that the records in G.R. Case No. 1395 of 1977 disposed of on 15.3.1980 by Mr. P. Patra, Judicial Magistrate, First Class, were called for at the instance of the Petitioner and same were called for on 9.10.1980, as disclosed from the marginal note of the order -sheet. The entire order -sheet does not disclose that the record have been received. The Petitioner has not at any stage stated that the records would not be necessary at the enquiry. The Tribunal has also not recorded any order to that effect.