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HIGH COURT OF GUJARAT
GITA GOPI, J
RABIYABIBI WD/O ABDUL IBRAHIM MANSURI @ KADWA – Appellant
Versus
BABUBHAI NANSING NAYKA – Respondent
| Table of Content |
|---|
| 1. challenges to tribunal's dismissal for default of claim application. (Para 1 , 3) |
| 2. arguments regarding the tribunal's failure to act on merits. (Para 2 , 4) |
| 3. discussion on the tribunal's obligation to ensure adequate presentation of evidence. (Para 5 , 6) |
| 4. observations on compensation guidelines per benevolent legislation. (Para 7 , 9) |
| 5. orders for restoration and future proceedings. (Para 8 , 10) |
ORDER
1. By way of present petition, the petitioners have challenged the order dated 24.03.2022 passed by the Motor Accident Claim Tribunal (Auxi.), Panchmahals at Godhra in Civil Misc. Application No.192 of 2020 whereby the tribunal has rejected the application filed by the petitioner – original claimants for restoration of the Motor Accident Claim Petition No.3143 of 2001.
2. Learned advocate Mr. Hakim states that the application was filed for restoration of the M.A.C.P. No.3143 of 2001, which came to be dismissed for default on 24.10.2016. Mr. Hakim submits that the delay in filing the restoration application was condoned, however, the learned tribunal rejected the Civil Misc. Application No.192 of 2020 by observing that since the award has been passed by the
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