- (1.) It is an unfortunate case where firstly these two claimants have lost their father in a motor accident and thereafter during the pendency of the motor accident claims case, before the Motor Accident Claims Tribunal, Nadiad, they lost their mother also. Now they are represented through their grand-father who is aged 70 years.
(2.) In this M.C.A., prayer has been made for transfer of Motor Accident Claims Petition No.679 of 1994 from the Court of Motor accident Claims Tribunal, Nadiad, to Motor Accident Claims Tribunal, Vadodara.
(3.) The learned counsel for the petitioners does not dispute that the respondents No.1 and 2 who are the driver and owner respectively of the offending truck in the accident have not been served so far. These two persons hail from Andhra Pradesh and in ordinary course, it appears to be very very difficult to serve them by Summons of the claim-petition. Unless these two persons are served with the Summons of Notices of the Motor Accident Claim Petition, otherwise also, the claim petitioner could not have been decided by the Tribunal and that appears to be one of the reason for delay in disposal thereof. I am constrained to observe that the learned counsel for the petitioner has also not cared to see that this Motor Accident Claim Petition of year 1994 becomes ripe at an early date, otherwise he should have taken help of the State Legal Services Authority for bearing out expenses of publication of notices of these two unserved respondents in some regional local newspaper of Andhra Pradesh. These two petitioners are minors and they are clearly falling under the category of eligible persons for getting legal services under the State Legal Services Authority Act, 1987. It is really shocking that the learned Tribunal, Nadiad, has also not taken care of the situation and for all these years, this Motor Accident Claims Petition is pending awaiting service of notices of the same on these two respondents. Delay caused in such matters heavily comes and also is painful for these minor dependents of deceased in a motor vehicle accident. It should have been endeavour from all the corners, i.e. the learned counsel for the petitioner and the Tribunal to see that this category of cases are expeditiously disposed of. Whatever the obstacles and hurdles come in the way of the Tribunal to decide the matter expeditiously should be taken care of and all possible efforts should be made to remove the same. In this case, it would not have been difficult for the Tribunal to ask for substituted service of notice of these unserved respondents in the Motor Accident Claims Petition by publication thereof in local regional newspaper of Andhra Pradesh at the expenses of District Legal Service Authority. This should have been done at the initial stage and in case it would have been done then by this time this claim petition would have been disposed of.;