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1991 DIGILAW 287 (MP)

Janpad Panchayat v. Shashikala Wd/O Sunil Kumar Vatsa

1991-07-04

R.C.LAHOTI

body1991
ORDER R.C. Lahoti, J. 1. The revision is directed against the order rejecting an application under Order 9, Rule 7, Civil Procedure Code preferred by alleged owner of the vehicle in claim proceedings before Motor Accident Claims Tribunal. 2. The cause for absence assigned by the petitioner in its application has been found by the Tribunal to be prima facie unsustainable from the record. The application states that defendant No. 1 was sick without stating the name of the disease and the period of sickness. Moreover, defendant No. 1 was an institution, namely Janpad Panchayat, who could not have fallen sick. The affidavit of one V. K. Parashar, Cooperative Extension Officer filed in support of the application, states that the Chief Executive Officer of Janpad Panchayat was sick. But, no reason has been assigned as to why the affidavit of the Chief Executive Officer himself was not filed. The finding of fact recorded by the Tribunal is well reasoned and based on material and hence not open to interference in revision. 3. The petitioner is still at liberty to take part in the subsequent proceedings. The insurance Company has filed a written statement contesting the case on all counts and the petitioner can take part at the subsequent proceedings contesting the claim petition on the same lines which have already been taken by the insurer. 4. For the foregoing reasons, the revision is held to be without any merit and is dismissed though without any order as to the costs. The parties through their respective counsel are directed to appear before the Tribunal on 29-7-1991 before which date the office shall see that the records reach there along with a copy of the order.