ROCKY DEV BURMAN Vs. LOHIT PRAKASH DUTTA

JUDGEMENT

(1.) Heard Mr. B M Choudhury, learned Senior counsel for the petitioner.

(2.) By the impugned order, dated 22.12.2005, the Member, Motor Accident Claims Tribunal, Sivasagar, has dismissed the claim application on the ground of absence of the claimant.

(3.) It has been the consistent view of this Court, as expressed in Nandalal Kedia Vs. Jaswant Singh and another, reported in (1983) 2 GLR 253, Samsul Huda Vs. M/s. London and Lancashire Insurance Co. Ltd. and others (AIR 1972 Gau 35) and Akan Chandra Das and another Vs. Md. Hussain and another, reported in 2000 (1) GUI 186, that for mere default in appearance of the claimant, a claim application, seeking compensation, made under the provisions of the Motor Vehicles Act, 1988, (in short, 'the MV Act'), cannot be dismissed, for, there is no provision in the MV Act and/or the Rules framed thereunder permitting or empowering the Motor Accident Claims Tribunals to dismiss, for default, an application seeking compensation made under the MV Act. However, when a claimant fails to appear, take requisite steps and/or adduce evidence and the Tribunal finds that on the ground of such failure, the claimant has completely failed to prove his/her claim for compensation., the Tribunal shall be at liberty to pass appropriate order(s) of no-claim award, i.e. an award to the effect that the claimant has failed to prove that the claimant is entitled to receive any compensation.