Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 2064 of 2019 Appellant :- Smt. Mamta Rani And 3 Others Respondent :- M/S City Transport Company And Another Counsel for Appellant :- Vipin Chandra Dixit Counsel for Respondent :- Sunil Kumar Misra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this appeal the appellant has felt aggrieved by the judgment and decree passed by the Motor Accident Claims Tribunal, Meerut in MACP No. 61 of 2013.
The appellants had preferred the claim petition for seeking compensation for the death of the sole breadwinner. The Tribunal framed issues on 2.5.2013 and waited for the appellant to depose on oath but the appellants did not adduce any oral evidence and, therefore, on 8.8.2016, the claim petition came to be dismissed.
The claimants were very much present but as there was a strike the appellants could not appear and, therefore, a destitute lady has been done injustice.
The Tribunal should have decided the matter on merit. The so is made that several dates were granted. However the Tribunal should have decided the matter on merits.The order is quashed. The Tribunal shall decide the matter on merits. The appellants shall adduce evidence on the date fixed.
The Claims Tribunal could have considered claim petition and the affidavit filed therewith in lieu of examination-in-chief as held by this Court in National Insurance Company Limited , Nawal Kishore Road, Lucknow Versus Smt. Pushpa Devi and others, AIR 2017 All. 1. A reference to judgment in Fulkunwar Bargaah and others Versus Suresh Kumar Sahoo and others, 2014 ACJ 1382.
The appellant shall not take undue adjournment and give oral testimony of the witnesses. Matter to proceed from the State of oral evidence of the appellant.
With these observations, this appeal is partly allowed. The judgment and decree is quashed and set aside.
Order Date :- 22.8.2019/Mukesh