MANIYA DEVI Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the parents of Kamleshwari Mukhiya residents of Sarsa in the State of Bihar claiming compensation on account of the death of their son in an accident on 9.5.1983. The Motor Accident Claims Tribunal, Jalandhar vide its Award dated 26.4.1986 held them as technically entitled to a sum of Rs. 38,400/- by way of compensation but dismissed the claim petition on the ground of limitation. Aggrieved thereby, the claimants have filed the present appeal. Notice was issued in the appeal. The respondents have been duly served but none has put in appearance. As such the averments of the claimants-appellants in the memorandum of appeal remain unrebutted.

(2.) IN the meanwhile Mr. Ravinder Seth, Advocate appearing for the appellants has also expired. As the appeal has been pending in this Court since the year 1986 and the appellants belong to the State of Bihar, it would even otherwise be a futile exercise to send notices to them for the hearing of the appeal.

(3.) ON the question of negligence, the Tribunal had held that the accident had happened on account of the rash and negligent driving of the driver of the truck in which Kamleshwari Mukhiya had been travelling.