Arun Bhansali, J. - (1.) THIS appeal has been preferred by the claimants -appellants aggrieved against the rejection of their application for compensation ('Application') by the Judge, Motor Accident Claims Tribunal, Phalodi, District Jodhpur ('the Tribunal'). The brief facts of the case are that the claimants filed an application seeking compensation on account of death of one Mool Singh, who died on account of injuries suffered by him, while travelling in Jeep No. RJ -06 -G -3084 on 30.03.2007.
(2.) IT appears that during the pendency of the application despite giving seven opportunities to lead evidence the claimants did not lead any oral or documentary evidence in support of their application and consequently, the application was rejected by the Tribunal on account of lack of evidence on all the issues raised by the Tribunal based on the pleadings of the parties. It is submitted by learned counsel for the appellants -claimants that the claimants are residence of remote village in Tehsil Phalodi and on account of lack of communication and illiteracy, they could not contact the counsel and lead the evidence in support of their claim. It was further submitted that the deceased Mool Singh is survived by young widow and four children and in case, the impugned judgment is not set -aside and they are not granted opportunity to lead evidence, they would suffer irreparable injury as the sole bread earner has already died and they are left to fend for themselves. It is prayed on behalf of the appellants that one opportunity may be granted to the appellants to lead evidence in the interest of justice.
(3.) LEARNED counsel appearing for respondent -Insurance Company submitted that the negligence of the appellant is writ large on record inasmuch as seven opportunities were granted to lead evidence, however, they choose not to lead evidence and, therefore, there is no question of granting further opportunity and the order passed by the Tribunal is just and proper in the facts and circumstances of the case.;