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GITA GOPI
Hiraben Bhikhabhai Bharvad – Appellant
Versus
Kamabhai Pachabhai Rabari – Respondent
JUDGMENT :
1. By way of this petition, the petitioner (a widow) has prayed for quashing and setting aside the impugned order dated 12.01.2017 passed by the learned Additional Sessions Judge, Surendranagar below Exhibit 8 as well as the order dated 24.07.2018 passed by the learned Additional Sessions Judge, Surendranagar and also restore the Claim Petition being M.A.C.P. No.104 of 2004 filed before the learned Motor Accident Claims Tribunal, Surendranagar.
2. Learned Advocate for the petitioner Mr. Y.J. Patel submits that the petitioner was injured and had filed M.A.C.P. No.104 of 2004 before the learned Motor Accident Claims Tribunal (Auxi.), Surendranagar for getting a compensation amount of Rs.3,00,000/-. It is submitted by learned Advocate Mr. Patel that the matter remained dormant and sine die for a long period and it was only on 05.04.2005 that the issues came to be framed and the claimant was never informed about the full progress in the trial and no notice was sent by the concerned Court after framing of the charges and on 11.07.2016 it is submitted that it appears that learned Advocate for the applicant / claimant was praying for time and thereafter on 11.07.2016, the claim p
The court emphasized the need to consider the claimant's inability to pay costs and the objective of the Motor Vehicles Act, 1988 in restoring the claim petition, highlighting the duty of the Tribuna....
The central legal point established in the judgment is the duty of the tribunal to provide just and reasonable compensation based on material available on record and the need for restoration of the c....
Tribunals must provide just and reasonable compensation to claimants, decide on merits, and not dismiss claim petitions for default without considering the object of the benevolent legislation.
The duty of the Tribunal to decide cases on merits, the need for a liberal interpretation of social welfare legislation, and the requirement to provide just compensation based on material available o....
The main legal point established is that the Tribunal cannot dismiss a claim petition for default without considering the merits of the case and must adopt a liberal interpretation of the law to fulf....
The court emphasized the importance of following the legal provisions related to the production of documents in motor accident claim petitions and providing sufficient opportunity to the parties to p....
The court emphasized the benevolent object of the M.V. Act and the duty of the Tribunal to provide just and reasonable compensation to claimants, highlighting the need for a liberal interpretation of....
A liberal application of 'sufficient cause' is necessary to prevent injustice to claimants in motor vehicle accident cases, especially when they trust their counsel for prosecution.
Point of Law : Tribunal has got a paramount duty to render justice to hapless victims of road accident as well as claimants of deceased.
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