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RITU TAGORE
Subhadra Devi – Appellant
Versus
Surender Kumar – Respondent
JUDGMENT :
Ritu Tagore, J.
This is an appeal against the award dated 11.02.2011, passed by learned Motor Accident Claims Tribunal, Patiala, whereby claim petition filed by appellants/claimants have been dismissed.
2. Learned counsel for the appellants, contended that learned Tribunal materially erred in dismissing the claim petition on the ground that second petition on same cause of action is barred under Order 23 Rule 1 (4) of Code of Civil Procedure.
3. Learned counsel submits that principles of Code of Civil Procedure are not strictly applicable to the proceedings before the learned Tribunal. In support, he referred to the authority in ‘Suresh Devi and others vs. Jasbir Singh and others’ 2014 (1) PLR 466.
4. Learned counsel further urges that learned Tribunal erred by not considering that there was no specific issue framed regarding the maintainability of the petition. Therefore, learned Tribunal should not have dismissed the claim petition.
5. Learned counsel also argues that claimants did not purposefully conceal the filing of earlier petition. The non-mentioning of the same in petition, given facts, was of no consequence. Learned counsel thus urged to set aside the order dated 11.
The court established that the provisions of the CPC do not strictly apply to MACT proceedings, allowing for the revival of a claim petition withdrawn without merits.
The court directed the Tribunal to entertain a fresh application for withdrawal of a claim petition with liberty to file anew, emphasizing that inadvertent procedural omissions by counsel should not ....
Amendment to change MV Act claim section allowed post-trial to protect compensation rights despite due diligence requirement.
The Claims Tribunal must complete pleadings and conduct inquiries before deciding on the liabilities of parties in motor accident claims; premature deletions or piecemeal rulings are prohibited.
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