MULTAN Vs. SHRAVAN KUMAR

JUDGEMENT

(1.) The present civil misc. appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants-claimants against the judgment and award dtd. 4/6/2012 passed by the learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali (hereinafter referred to as the learned Tribunal) in Motor Accident Claim Case No.81/2009 whereby the learned Tribunal dismissed the claim petition filed by the appellants-claimants.

(2.) Learned Counsel for the appellant submits that the learned Tribunal while passing the impugned judgment and award has acted in total disregard to the evidence available on record and the established principles of law. It is submitted that the learned Tribunal dismissed the claim petition of the appellants-claimants only on the ground that the wife of the deceased was a necessary party in the claim petition however, she was not impleaded as a party. It is further submitted that in the re-examination, the appellants-claimants categorically admitted that the deceased was married in childhood and the wife of deceased never came to their house. It is thus submitted that the finding of learned Tribunal on Issue Nos. 3 and 5 is liable to be set aside.

(3.) In view of the above, learned Counsel submits that the impugned judgment and award deserves to be quashed and set aside and the matter may be remanded back for deciding the same afresh on its merits.