Maharashtra State road Transport Corporation v. Smt. Pushpa
2001-10-05
PRAKASH TATIA
body2001
DigiLaw.ai
JUDGMENT 1. - In this appeal it is submitted by learned counsel for the appellant that no notice was served upon the appellant, which is clear from the certified copy of the order-sheet dated 26.4.1996 and the copy of the AD receipt issued for service of the appellant No. 2. The Tribunal committed illegality in holding that service is sufficient upon the appellant and according to learned counsel for the appellant the notice was published by the claimants in newspaper published from Mumbai whereas the respondent No. 6 non-claimant No. 1 was resident of Nander District Usmanabad, which is 'about 360 km away from the Mumbai. 2. Learned counsel for the respondent is not in position to dispute these facts and, therefore, there appears to be no service of notices as well as to the claim petition of the claim to the appellant and the respondent No. 6. Therefore, the award dated 14.7.1999 cannot be allowed to stand and, therefore, the award dated 14.7.1999 is set aside and the matter is remanded back to the Motor Accident Claims Tribunal, Bali with a direction to the Tribunal to decide the matter as early as possible preferably within a period of six months. The appellant and the claimants are directed to remain present before the Motor Accidents Claims Tribunal on 29.10.2001. The Tribunal shall make efforts to serve notice of the non-claimant No. 1-Aslam Khan expeditiously in accordance with law. 3. The appeal is, therefore, allowed on payment of cost of Rs. 5,000/- to the claimants.Appeal allowed. *******