BALBIR Vs. JAGDEV SINGH AND OTHERS

JUDGEMENT

(1.) THE challenge here is to the order of the Motor Accident Claims Tribunal, Ludhiana, declining to set aside the dismissal of the claim application in default and holding that there was no sufficient cause for condonation of the delay in moving the application for seeking the restoration of the claim application.

(2.) THE record shows that the claimants filed the claim application on October 16, 1982 and after several hearings service upon the respondents was effected only on April 4, 1983, when the case was adjourned to April 16, 1983. Neither the claimants nor their counsel appeared on that date and the claim application was accordingly dismissed in default.

(3.) THE Tribunal in deciding against the claimants laid great stress upon the fact that if the claimant could not appear in the court on the date of hearing no reasons had been mentioned in the application to suggest why her counsel could not do so.