Madhya Pradesh

StateCommission

FA/13/2072

SMT MANJU - Complainant(s)

Versus

UTTAR PRADESH STATE ROAD TRANSPORT - Opp.Party(s)

07 Dec 2015

ORDER

None for appellant.

Shri Sanjay Acharya, counsel for respondent.

Heard.

The appellant has filed this appeal against the order dated 4.9.2013 passed by the District Forum, Sagar in complaint case No. 30/13, whereby the complaint has been dismissed for default of appearance of complainant.

In the appeal memo appellant has stated that she is a widow, her husband died in an accident while he was travelling in U.P. State Transport Corporation bus.  Her  case was being conducted by Shri Mohit Shrivastava, advocate but he failed to appear on 4.9.2013, therefore, the complaint was dismissed for want of appearance of complainant. 

On perusal of the record it appears that counsel for complainant was appearing regularly but only on 4.9.2013 he failed to appear.  Though It has been observed by the Presiding Officer of the Forum that counsel failed to appear despite giving information on telephone but we deem it appropriate to set aside the impugned order, specially in view of the fact that complainant is a widow, she could not have appeared unless informed by her counsel.

Learned counsel for respondent submits that the complaint itself is not maintainable, since award has been made against the respondents by Motor Accident Claims Tribunal, Sagar. He submits that last opportunity was granted by the Forum for filing affidavit of the complainant.

Be that as it may, we find it appropriate to restore the complaint.

Accordingly, the impugned order is set aside and the complaint is restored to its original number.  Record of the case be sent back forthwith.  Forum shall proceed with the case as per law after affording adequate opportunity to both the parties.

This appeal stands disposed of accordingly.