1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.854/2005 GOPAL LAL V/s DEVRAJ & Ors DATE OF JUDGMENT ::::: MAY 27, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Mahesh Sharma for the appellant. Shri Sanjay Singhal, for New India Insurance Company. BY THE COURT : (Oral) 1. This appeal u/s 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant against the impugned orders dated July 16, 1997 and January 24, 2005 passed by the learned Judge, Motor Accident Claims Tribunal, Kota (for short 'the “the Tribunal) whereby claim petition and application filed by the appellant were dismissed on the ground of claimant's advocate being absent and there being no evidence on record to award the claim. 2. Learned counsel for the appellant submitted that he is ready and willing to lead the evidence in support of claim petition and the impugned orders may be set aside and 2 an opportunity is required to be accorded to the claimant to prove the claim before the learned Tribunal. In the interest of justice, as no claim petition should be dismissed on the basis of technicalities and such petition is to be decided on the basis of the enquiry to be conducted and such enquiry can be conducted by the learned Tribunal in accordance with the principle of natural justice. 3. Learned counsel for the Insurance Company opposed the appeal but consider the aforesaid fact situation. 4. In view of the submissions advanced and on going through the orders of the learned Tribunal, it appears that the claimant has not been accorded opportunity to lead evidence so that the claim petition could be decided on merits. Therefore, the order of dismissal of claim on account of absence of party and his counsel, deserves to be set set aside. 5. Accordingly, order dated 16.7.1997 dismissing the claim as well as the order dated 24.1.2005 refusing restoration, are set aside and the learned Tribunal is directed to take the claim petition on record and proceed to decide the petition on merits as per law. 3 6. Both the parties are directed to appear before the learned Tribunal on July 22, 2008. (Guman Singh), J. chauhan/