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Judgment
6 paragraphs · 366 wordsDeepak Gupta, C.J.—This appeal is directed against the order dated 21-05-2008 passed by the learned Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala in case No. T.S. (MAC) 66 of 2003 whereby the claim petition filed by the claimant-appellant was dismissed after closing his evidence.
Briefly stated, the facts of the case are that the claimant filed a petition u/s 166 of the Motor Vehicles Act seeking compensation for injuries allegedly received by him in a motor vehicle accident. The claim petition was filed on 11-02-2003. Issues were framed on 05-08-2006 and thereafter, the matter was listed for filing examination-in-chief by way of affidavit on behalf of the parties on 19-09-2006. The claimant did not file his affidavit on that date or on 15-12-2006, 23-02-2007, 04-05-2007, 09-07-2007, 25-09-2007, 09-01-2008, 26-03-2008 and on 21-05-2008 when the impugned order was passed. Therefore, the appellant had been granted 9(nine) adjournments for leading evidence.
I, as such, do not find any error in the order of the learned Tribunal, but still I am of the opinion that no claim for compensation should be rejected on a technical ground. Taking a very lenient view of the matter, one last opportunity is granted to the claimant to file his affidavit.
The impugned order is accordingly set aside and the matter is remitted to the learned Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala. The parties who are present in person, i.e. the claimant and the Insurance Company are directed to appear before the Motor Accident Claims Tribunal on 19-08-2014. Thereafter, the claimant shall be given one opportunity only to file his affidavit in the month of September, 2014. In case, he does not file any affidavit, then the petition shall be dismissed for non-compliance of this order(s). In case, he files an affidavit, then the Insurance Company shall be granted at least two opportunities to file its affidavit. The learned Tribunal may also issue notice to the Insurance Company/owner of the vehicle and/or his counsel for the dates fixed by it.
The appeal is accordingly disposed of in the aforesaid terms. No order as to costs.
Send down the lower court records forthwith.