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N.K.MODY
Gayatri Devi – Appellant
Versus
Narayan Swarup alias Narayan Das Thareja – Respondent
N.K. Mody, J.
1. Being aggrieved by the award dated 31st July, 2003 passed by VII Additional MACT, Gwalior in Claim Case No. 26/2002 whereby the claim petition filed by the Appellants was dismissed, the present appeal has been filed.
2. Learned Counsel for the Appellants submit that the claim petition was dismissed only on the ground that in the FIR Appellants have not mentioned the vehicle number. It is submitted that Appellant No. 1 is widow, while Appellant No. 2 is minor. It is submitted that since the Appellant could not gather the documentary evidence, therefore, the same could not be filed before the learned Tribunal. It is submitted that now the documents are available with the Appellants. It is submitted that in the facts and circumstance of the case, appeal filed by the Appellants be allowed and the Appellants be permitted to file the documents.
3. Learned Counsel for Respondent No. 2 submits that no illegality has been committed by the learned Tribunal in dismissing the claim petition filed by the Appellants. It is submitted that the plea taken by the Respondent Nos. 3 & 4 was that the Appellants are not legal representatives of deceased. It is submitted that this a
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