KAMLAWATI MAISY Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL KOTA

JUDGEMENT

(1.) THE petitioners have challenged the order dated 6.1.2005 where by the Motor Accidents Claims Tribunal, Kota has dismissed the application for restoration filed by the petitioners.

(2.) IN a nutshell, the facts of the case are that the petitioner No. 1, Kamlawati Maisy lost her husband in a vehicular accident in the night of 31.12.1987. Since the petitioner and her son (petitioner No. 2) were dependent on the deceased, they filed a claim petition before Tribunal. Fourteen opportunities were given to the petitioners to produce their witness and evidence before the court. However, despite a number of opportunities being given, petitioners did not produce any witness or evidence before the Tribunal. Therefore, vide order dated 5.12.1997, the claim petition was dismissed. Subsequently, on 20.12.1997, a restoration application was filed. However, vide order dated 6.1.2005, the said application was also dismissed by the learned Tribunal. Hence, this petition before this court.