Virendra Kumar Sharma v. Oriental Insurance Co. Ltd.
2015-07-02
BHARAT BHUSHAN, HULUVADI G.RAMESH
body2015
DigiLaw.ai
JUDGMENT Heard learned counsel for the parties. Notices issued to the respondents are dispensed with. 2. This appeal has been filed against the order dated 25.2.2015 passed by Motor Accident Claims Tribunal/Additional District Judge (Court no. 1) Bareilly whereby M.A.C.P. No.254 of 2013 filed by the claimant had been dismissed. 3. Learned counsel for the appellant has prayed for remanding the matter back to the Tribunal and for disposal of the case in accordance with law. 4. In the affidavit filed in support of the case, it has been stated that the brother of the claimant was died and in view of the matter he could not pursue the matter before the Court. The Court has also noted the absence of both parties and dismissed the petition for want of prosecution. 5. Considering the facts and circumstances of the case that no opportunity was given to the claimant for pursuing the matter and the claimant had sustained grievous injuries, the order dated 25.2.2015 passed by the Motor Accident Claims Tribunal/Additional District Judge, (Court no. 1) Bareilly in M.A.C.P. No.254 of 2013 is hereby set aside. The matter is remanded back to the Tribunal with a direction to dispose of the case in accordance with law after issuing fresh notices and after giving opportunity to the parties to lead the additional evidence, if any. 6. The appellant is directed to appear before the Tribunal on 10.8.2015. The first appeal from order is finally disposed of. No order as to costs.