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CHHATTISGARH HIGH COURT
Chandra Bhushan Bajpai, J.
Pramila Bai and Others v. Sanjay Kumar and Others
| Table of Content |
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| 1. court admitting a petition for consideration. (Para 1 , 2 , 3 , 4) |
| 2. claims dismissed for concealment of previous claims. (Para 5 , 6 , 7 , 8) |
| 3. education and poverty affecting claims' proceedings. (Para 9 , 10 , 11 , 12) |
| 4. flexibility in applying procedural rules in claims. (Para 15) |
| 5. court allows retrial based on merits. (Para 16 , 17 , 18 , 19) |
1. Return has been filed on behalf of respondent No.3. Return has not been filed on behalf of respondent Nos. 1 and 2.
2. Heard on admission.
3. The petition is admitted for consideration.
4. With the consent of the parties, final arguments heard.
5. The petitioners have filed the instant writ petition (227) invoking authority of the High Court for the power of superintendence to the court below.
6. As per facts of the case, initially on behalf of the petitioners MACT Case No. 269 of 2013 (Rajni v. Sanjay Kumar) was filed under S.166 and S.140 of the Motor Vehicles Act, 1988 for compensation as Jawahir alias Jawahar succumbed to the injuries in a motor accident. The petitioners are the legal heirs of the said Jawahir alias Jawahar. The said motor accident claim case was dismissed in default for want of prosecution on 31.10
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