MACA NO.911 OF 200.Misc.
Case No.1758 o”
03. 19.9.2013 This is an application filed by the claimantappellant for condonation of delay of 74 days in filing the appeal.
Considering the grounds taken in the application, delay in filing the appeal is condoned.
Misc.Case is accordingly disposed of.
(S.C.PARIJA, J.) M.A.C.A.No.911 o”
04. 19.9.2013 Though this matter was listed for orders today, on consent of the learned counsel for the parties, the same is taken up for final disposal.
Heard learned counsel for the parties.
This appeal by the claimant-appellant is directed against the judgment/award dated 13.4.2007, passed by the learned 3rd Motor Accident Claims Tribunal, Puri, in MAC No.128/776 of 1999/1992, dismissing the claim application.
Learned counsel for the claimant submits that as the claim application had been dismissed as against the owner-respondent knowledge of no.1, the which claimant, was not learned within Tribunal the has proceeded to dismiss the claim application by the impugned award.
It is submitted that learned Tribunal should have afforded an opportunity to the claimant to get the claim application restored as against the owner, 2 instead of dismissing the entire claim application.
Considering the grounds taken in the appeal and the submissions made by the learned counsel for the parties and without expressing any opinion on the merits of the case, the impugned award is set aside and the matter is remitted back to the learned Tribunal to adjudicate the same afresh, after giving an opportunity of hearing to the parties.
It is open for the parties to adduce further evidence in support of their respective cases and take all such pleas as are available to them in law, which shall be considered on its own merit and in accordance with law.
As the claim is of the year 1992, learned Tribunal shall do well to dispose of the matter as expeditiously as possible, preferably within a period of four months from the date of receipt of copy of this order.
It is needless to say that while adjudicating the claim application, learned Tribunal shall take into consideration the fact regarding dismissal of the claim mp application against the owner since 28.7.1999 for the purpose of awarding interest.
MACA is accordingly disposed of.
Issue urgent certified copy as per rules.
(S.C.PARIJA, J.”
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