ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in these appeals is to the order passed by a Division Bench of the Guwahati High Court , Aizwal Bench at Aizwal. By the order dated 18. 2. 2002, the appeal filed by the appellant was dismissed for default after hearing learned counsel for the respondent. Applications filed for restoration of the appeal after condonation of delay in presentation of the same also stood dismissed. Though the orders challenged in the appeals related to restoration of the appeal dismissed for default, it was felt that no useful purpose would be served by remitting the matter back to High Court for consideration on merits. The main ground taken by the appellant before the High Court was that it had no notice of the transfer of the case from the Guwahati Bench to the Aizwal Bench and therefore, there was no appearance. This plea was turned down by the High Court on the ground that sufficient notice was given to the appellant. Considering the long passage of time and, as agreed to by learned counsel for the parties, the appeals are taken up for disposal on merits of the facts involved.

( 3 ) BACKGROUND facts in a nutshell are as follows: one Zoremsangi, who was member of the Indian Information Service under the Central Government and working under the Ministry of Information and Broadcasting, Government of India lost her life in a road accident on 8. 7. 1997. She was travelling from Mumbai to Pune by a bus belonging to the appellant-Maharashtra State Road Transport Corporation (hereinafter referred to as the 'corporation' ). A Claim Petition was filed by her mother who is respondent herein. In the Claim Petition it was stated that she was aged about 31 years and 2 months at the time of accident and was drawing monthly salary of Rs. 6,500/ -. Her pay was revised as per the recommendation of the Fifth Pay Commission and the scale of pay was Rs. 8,000-275-13,500/- and on that basis her total emoluments would be Rs. 9,340/- with effect from 1. 1. 1996 i. e. effective date fixed by the Fifth Pay Commission. The claimant made a claim of Rs. 15,00,000/ -. Pursuant to the notice the appellant entered appearance and took the preliminary stand that the application was not maintainable and there was no cause of action. On the basis of the pleadings several issues were framed.

( 4 ) MOTOR Accidents Claims Tribunal, Aizwal ( in short the 'tribunal') considering the material on record awarded compensation of Rs. 12,00,000/- and granted interest at the rate of 15% from the date of judgment till realization. This sum of Rs. 12,00,000/- was fixed on the following basis:

( 5 ) ONE month time was granted to satisfy the Award.

( 6 ) THE appellant filed an appeal which was originally heard by the Guwahati Bench, and was subsequently transferred to the Aizwal Bench. The Award was questioned by the appellant before the Guwahati Bench where the same was registered but the same was transferred to the Aizwal Bench. As noted above, taking into account the non-appearance of the counsel at the time of hearing, the application was dismissed. The applications for restoration and for condonation of delay in filing the said application were dismissed. Therefore, these appeals are filed.

( 7 ) LEARNED counsel for the appellant has submitted that the High Court ought to have noticed that the case was transferred from the Guwahati Bench to the Aizwal Bench and therefore, there was no appearance on the date fixed. The High Court should not have summarily dismissed the appeal particularly when it was noted in the order that the learned counsel for the respondent was heard. High Court did not take note of the fact that the claimant was the mother, who is the wife of the Chief Secretary of the State. There was no averment in the Claim Petition that the respondent was dependant on the deceased. On the contrary, she being the wife of the Chief Secretary by no stretch of imagination be treated as having any dependency on the income

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