PATAS KANWAR Vs. GORDHAN RAM

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants -appellants aggrieved against the rejection of their application for compensation ('Application') by the Judge, Motor Accident Claims Tribunal, Phalodi, District Jodhpur ('the Tribunal'). The brief facts of the case are that the claimants filed an application seeking compensation on account of death of one Mool Singh, who died on account of injuries suffered by him, while travelling in Jeep No. RJ -06 -G -3084 on 30.03.2007.

(2.) IT appears that during the pendency of the application despite giving seven opportunities to lead evidence the claimants did not lead any oral or documentary evidence in support of their application and consequently, the application was rejected by the Tribunal on account of lack of evidence on all the issues raised by the Tribunal based on the pleadings of the parties.

(3.) LEARNED counsel appearing for respondent -Insurance Company submitted that the negligence of the appellant is writ large on record inasmuch as seven opportunities were granted to lead evidence, however, they choose not to lead evidence and, therefore, there is no question of granting further opportunity and the order passed by the Tribunal is just and proper in the facts and circumstances of the case.