Honble SHARMA, J.–In this appeal ``SUBSTANTIAL JUSTICE and ``TECHNICAL CONSIDERATIONS are pitted against each other.

(2). A few facts are required to be set out at the out set. The claim petition was filed on August 4, 1981 by the family members of deceased Shah Veenoor, who died on Feb. 5, 1981 in a Truck accident. Respondents Dilip Singh, Bagicha Singh and Ajmer Singh were ordered to be summoned by the learned Tribunal but the claimants did not file process fee. Ultimately the Tribunal directed the claimants to publish the summons of the said persons in the news paper but the claimants did not comply the orders. Vide order dated July 8, 1993 the Tribunal refused to summon them and the case was posted for adjudication of the issue as to whether the claim petition was maintainable in absence of the driver and the owners of the vehicle. However, the claimants moved an application under Section 151 CPC on August 12, 1993 to the effect that Ajmer Singh be ordered to be summoned again as his new address became known to the claimants.

(3). The learned Tribunal dismissed the claim petition vide judgment dated August 18, 1993 observing that the liability could not be fastened on the owner o

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