BUDHI SAHOO Vs. NILAMANI PASCHIMAKABAT

JUDGEMENT

(1.) CLAIMANTS are the appellants in this appeal Under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').

(2.) THE claim case was fixed to 2 -8 -1982 for hearing. Case of the claimants is that they could not receive the letter of their Advocate intimating the date fixed and accordingly they could not take part in the hearing. The application had been dismissed on the ground that there was no material in support of the claim.

(3.) IN the present case, the claimants have pleaded that their inability to receive the intimation of the date of hearing was the cause of their failure to participate in the proceeding. No challenge has been made by filing objection to such assertions. This is a sufficient cause since the appellants cannot be attributed with any misconduct. Accordingly, they should get a chance to give their evidence.