Cross-examination in motor accident claims remains available under summary procedure where affidavit evidence is disputed.

In motor accident compensation claims proceeded with under summary procedure, the opposite parties retain the right to cross-examine claimants when the asserted injuries, treatment and expenses are disputed. Summary procedure does not remove the Tribunal's power to test the truth of affidavit evidence through cross-examination. Where claimants were given opportunities to appear, including after a later request was allowed, but still failed to remain present, the Tribunal could treat the pleaded facts as unproved. On that basis, the claims were dismissed, and no interference was warranted.

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Issues: Whether, in a motor accident compensation claim proceeded with under the summary procedure, the opposite parties retained the right to cross-examine the claimants, and whether the Tribunal was justified in dismissing the claims when the claimants failed to appear for cross-examination.

Analysis: The summary procedure adopted for smaller claims did not displace the right of the opposite parties to test the truth of the claimants' affidavits by cross-examination where the contents of the claim were disputed. The Tribunal had afforded the claimants opportunities to present themselves for cross-examination, including after allowing their later request to appear, but they did not remain present. In those circumstances, the claimants failed to establish the injuries, treatment, and expenses pleaded by them.

Conclusion: The Tribunal was justified in dismissing the compensation claims, and no ground was made out for interference.

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