ANITA GUPTA Vs. SURINDER SINGH SETHI

JUDGEMENT

(1.) CLAIMING compensation of Rs. 2 lacs for the injuries received by the appellant on December 19, 2001 at 5.30 p.m. near Convent High School Gandhi Nagar, Jammu, because of the rash and negligent driving of Maruti Car no. DL -4CN -5449, the appellant Mrs. Anita Gupta filed a claim petition with the Motor Accidents Claims Tribunal, Jammu.

(2.) IT appears that after framing of issues by the Claims Tribunal on January 6, 2003, the claim petition was dismissed in default of appellants appearance on 30.3.2005. After its restoration on 15.07.2005 only one opportunity appears to have been allowed to the claimant to lead her evidence in the case whereafter it was dismissed for lack of evidence on 16.09.2005.

(3.) APPELLANTS learned counsel submits that the claimant had gone to her parental house in Himachal Pradesh and it was because of his disability to inform the claimant on her available address of Jammu that requisite instructions could not be conveyed to the appellant to produce her evidence in the case. Learned counsel submitted that in view of the beneficial provisions of the Motor Vehicles Act, providing for speedier remedy to seek compensation for the injuries sustained in the Motor Vehicular accident, the appellant was required to be given some more time by the Tribunal to substantiate her claim, And that providing of only one opportunity to lead evidence, after restoration of the claim petition, has resulted in failure of justice.