JAMUNA DEBBARMA Vs. RADHESHYAM DAS

JUDGEMENT

(1.) Heard Mr. P. Roy Barman, learned counsel appearing for the appellant-claimant as well as Mr. A. Lodh, learned counsel appearing for the respondent No. 2 i.e. the National Insurance Company Ltd.

(2.) This appeal is directed against the order of the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, dated 25.01.2007 passed in T.S. (MAC) No. 283 of 2006, which reads as follows:-

(3.) Mr. A. Lodh, learned counsel appearing for the respondent No. 2-Insurance Company, at the very outset of the argument, relying on the decision of this Court in Rocky Dev Burman Vs. Lohit Prakash Dutta & Anr. reported in 2006 (Suppl.) GLT 306 contended that a claim application seeking compensation under the Motor Vehicles Act, 1988 cannot be dismissed on default and, as such, the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, rightly passed the impugned order dated 25.01.2007 for dismissing the Claim application (T.S.(MAC) No. 283 of 2006) on merit even though neither the appellant-claimant nor her learned counsel appeared before the Claims Tribunal for supporting her case.