Vijay Manohar Sahai, J.—We have heard learned Counsel Mr. Y.V. Shah, appearing for the petitioner and Mr. Siraj R. Gori learned Counsel appearing for the Respondent Nos. 1 and 2.

2. Brief facts of the case are that the husband of the petitioner was working as RPF constable and by order dated 2nd July 1993 he was removed from service for remaining absent from duty. The removal order was upheld by the Appellate Authority on 18.01. 1994.

3. The petitioner has filed a representation before the Respondent No. 2 claiming family pension. The removal order was not challenged by the husband of the petitioner. He has also died, Provident Fund account has also been settled. Therefore, at this stage, the entire claim cannot be reopened on the basis of representation made by the petitioner.

4. This Special Civil Application is devoid of any merits and it is accordingly dismissed. Rule is discharged.

2013 (1) GCD 790 (Guj)

Hon’ble Mr. Justice J.C. Upadhyaya

Oriental Insurance Co. Ltd.

Versus

Jayati Uday Bhatt D/o. Late Chetnaben Uday Bhatt & Ors.

First Appeal No. 2737 of 20121—Decided on 10/10/2012

Subject :

Motor accident — Claim petition — Application under Section 140 of the MV Act for compens