THAKUR DAS Vs. OM PRAKASH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award passed by the Accident Claims Tribunal, Udaipur dated 6th August, 1982, in claims case No. 108/81, by which a claim petition of the appellants was dismissed.

(2.) AGGRIEVED with the judgment and award dated 6th August, 1982, the claimants appellants have filed the appeal. The main contention of Mr. N.P. Gupta, learned Counsel for the Appellant, is that the case before the Claims Tribunal on 6th August, 1982, proceeded exparte as the petitioners as well as their counsel could not put in appearance on 6th August, 1982, which was the first date of hearing for claimants evidence. Mr. Gupta submits that there was reasonable cause for the non-appearance of the appellant Thakur Das and their counsel Shri Dinesh Somani on 6th August, 1982. He submits that appellant Thakur Das suffering from colic pain and dysentry and as such he could not go to Udaipur for evidence on 6th August, 1982. He also submits that the claimants counsel Shri Dinesh Somani was also suffering from viral fever since 5.8.1982, he also could not appear. On the basis of these circumstances, Shri Gupta submits that an opportunity should be given to claimants to prove their case before the Claims Tribunal by condoning the absence of claimant and the counsel.

(3.) I am of the opinion that an opportunity should be given to the claimants to prove their case. An exparte decree awarded on 6-8-1982 made by the Claims Tribunal dismissing the claims petition is, therefore, set aside and the appeal is allowed subject to the payment of costs of Rs. 250/- to the counsel for the respondent No. 1 and 2 and Rs. 250/- to the counsel for the Insurance Company.