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2023 Supreme(Del) 2728

REKHA PALLI
Anita Saklani – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates appeared:
Mr.Syed Hasan Isfahani with Mr.V.Jayaraman, Advocates, for the Petitioner.
Mr.Pankaj Seth, Advocate, for the R-1.

JUDGMENT

Rekha Palli, J. (Oral)

1. The present petition under Article 227 of the Constitution of India preferred by the claimant seeks to assail the award dated 09.01.2020 passed by the learned Motor Accidents Claims Tribunal in MAC 685/2018.

2. Vide the impugned award, the learned Tribunal has rejected the claim of the petitioners on account of non-filling of requisite documents in support of their claim. The court, therefore, observed that no assistance was being provided by the petitioners, as they were being represented only by a junior counsel.

3. At the outset, learned counsel for the petitioners submits that since the petition has been rejected by the learned Tribunal on merits, the present petition may be treated as an appeal assailing the award dated 09.01.2022 under Section 173 of the Motor Vehicles Act.

4. Taking into account that the present petition was filed way back in March, 2020 and no compensation whatsoever has been granted to the petitioners, learned counsel for the respondent no.1 fairly does not oppose the petitioners' request.

5. The present petition will, accordingly, be treated as a MAC.APP. The Registry is directed to allocate a number to the appeal.

MA

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