Quite unfortunate plight of claimants before the Motor Accidents Claims Tribunal, Attingal brought about by the callous indifference of persons who represented them before the Tribunal. The 1st petitioner's wife admittedly, died in an accident which occurred on 10.12.2003. A claim petition was filed as OPMV 58/04 admittedly by the husband, daughter and the mother of the deceased lady. The same was dismissed for default on 13.02.2007 since none appeared and since another claim petition on the very same cause of action was filed as OP MV No.1859/2003. 2. A restoration application was filed by the claimants alleging that OPMV No.1859/2003 was not filed by them and the Advocate who appeared in the said case was not entrusted with the case. When the restoration application was posted for hearing, the claimants were directed to be present, especially since two claim petitions were found to have been filed. Specifically when the case was posted for appearance WPC.No.19070/2008 : 2 :
on 13.02.2007, the claimants did not appear. The Tribunal dismissed the restoration application. This Court is of the opinion that there was absolutely no fault on the part of the Tribunal in having dismissed the application, since despite a specific direction to appear, that too, for reason of two claim petitions have been filed for the very same cause of action; no appearance was effected.
3. The writ petition was moved in the year 2008 and kept pending till today. Only considering the plight of the claimants who are said to be persons belonging to the marginalised section of the society, this Court is of the opinion that the claim petition has to be restored to the files and considered in accordance with law, after taking evidence, especially since the claim is with respect to the death of a person. However, it is made clear that there shall be no interest liability on the insurer or the tort-feasor from 13.02.2007, the date on which the claim was dismissed for default, till today. The Tribunal shall restore the claim petition to the files and the parties shall co-operate in disposing the claim petition, at any rate, within a period of six WPC.No.19070/2008 : 3 :
months from today. The parties shall appear before the Tribunal on 14.11.2014.
Writ petition disposed of. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge