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TMI Blog1994 (8) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... ven by the original opponent No. 1 (respondent No. 1 herein) in an excessive speed, rashly and negligently and dashed with the Matador as a result of which the petitioners were seriously injured, and therefore, the claim for damages as prayed for in their respective petitions. The learned M.A.C. Tribunal by his common judgment and award dismissed the petitions against which the present petitioners (original applicants) have preferred the respective appeals. Since the amount of compensation claimed was below ₹ 10,000/- the appeals have been converted into the present group of Spl. Civil Applications. All these applications raise identical questions, arise from similar facts and from the same common judgment and award, hence, they are b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given by the petitioners seeking permission to appear for cross-examination which also came to be heard and allowed. In spite of this, the petitioners did not turn up on the date fixed as well as on the next date, and thereafter the learned trial Judge passed the impugned order. Mr. Pandya submitted that in the summary procedure followed by the Tribunal, it is not necessary to strictly follow the provisions of Civil Procedure Code and as per the decision rendered by the Division Bench of this Court in the case of Gagubhai v. Goswami Bhikhu Gangaram , reported in: AIR 1990 Guj 5, the claim applications could have been decided on affidavits. The Division Bench of this Court in the said judgment has laid down that (at p. 6): It is crysta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petition by the petitioners and, therefore, applied to the Court seeking the cross-examination of the petitioners. Merely because the Tribunal has adopted a summary procedure by proceeding with the case on affidavits that by itself would not deprive the respondents of their right to cross-examine the petitioners. The procedure cannot take away the right of a party to cross-examine the other side when the genuineness of the contents of their application is doubtful. If the submissions advanced by Mr. Pandya is accepted there will not be any cross-examination and the Court has to accept the applications if the amount claimed is below ₹ 10,000/- in all cases. In the instant case, the Tribunal has in fact ordered to produce the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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