1. This is an appeal, filed by the claimants, under section 173 of the Motor Vehicles Act against an award, dated 11.4.2005, passed by learned Member, Motor Accident Claims Tribunal, Narsinghgarh in Claim Case No. 128 of 2004. By impugned award, the learned Member of the Claims Tribunal dismissed the claim petition essentially on the ground that claimants failed to adduce any evidence in support of their claim petition.

It is this award, which has given rise to filing of present appeal by the claimants. So, the short question that arises for consideration in this appeal is, whether learned Member of the Tribunal was justified in dismissing the claim petition of the appellants.

2. Shri Himanshu Joshi, learned counsel for the appellant and Shri K.K. Tiwari, learned counsel for respondents No.1 and 2. None appeared for and on behalf of others.

3. Having heard the learned counsel for the parties and having perused record of the case, we are inclimed to allow this appeal and while setting aside of the impugned award, remand the case to the Claims Tribunal for deciding the same on merits.

4. The impugned award, dated 11.4.2005, reads as under:

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