The appellant was respondent No.1 before the Motor Accident Claims Tribunal at Navsari in Motor Accident Claim Petition No.613 of 1991. The amount of Rs.71,000/- came to be awarded by the Tribunal to the claimant against the present appellant, who allegedly caused injuries to the claimant by driving motorcycle in rash and negligent manner and hence, this appeal. 2. Heard learned advocate Mr. Bharda for the appellant. Mr. Bharda tried to submit certain aspects on merits of the case. However, when his attention was drawn to the fact that the appellant chose not to contest the claim petition before the Tribunal at all, Mr. Bharda conceded to this aspect.
3. From the record and proceedings, it is clear that the appellant was respondent No.1 before the Tribunal and though he was served summons, he chose not to appear before the Tribunal and not to file any reply and not to contest the claim proceedings.
4. The basic and central proposition of law is that the pleadings without proof and proof without pleadings are of no virtue. When the appellant did not challenge the claim of the claimant on involvement in the accident, on negligence and on quantum before the Tribunal, the award cannot be challenged on merits in an appeal. The appeal, therefore, must fail and stands dismissed with no order as to costs. The judgment and award of Motor Accident Claims Tribunal at Navsari in rendered Motor Accident Claim Petition No.613 of 1991 is hereby confirmed.
5. The amount of Rs.25,000/- deposited with this Court, be transmitted to the Tribunal concerned forthwith, for being disbursed to the claimant with accrued interest thereof.
Sd/-
#MH Dave [A.L. Dave, J.]