MAMTA DEVI Vs. SWARAN SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the award of the Tribunal dismissing the petition under Section 166 of the Motor Vehicles Act. The petition has been dismissed as the appellants did not produce any evidence. The evidence of the appellants was closed by the Court order. The counsel for the appellants has argued that the case remained pending before the Lok Adalat on certain dates where the matter could not be compromised and this is how they could not produce the evidence on certain dates of hearing. However, it has remained undisputed before us that even after the case came up for regular hearing before the Tribunal without there being any settlement, the appellants did not produce any evidence on certain dates of hearing, but at the same time it has remained undisputed that the case was posted for compromise before the Lok Adalat on several dates of hearing as is evident from the perusal of the zimini orders.

(2.) AFTER taking into consideration all the facts and circumstances of the case and in the interest of justice, we are of the view that the appellants are entitled to have the case decided on merits. Rajesh Kumar has died and on account of the death of the above said person, a claim petition for compensation has been filed.

(3.) THE parties through their counsel are directed to appear before the Tribunal on 10/11/1997.