MUSTAK SIDDIK PITTAL Vs. SAJID KHALID DOLTI

JUDGEMENT

(1.) Mr.Kharadi, learned advocate for the appellant submits that MACP No.266 OF 2008 was filed claiming compensation, as the claimant sustained injury in the motor accident.

(2.) Learned advocate Mr.Kharadi submits that the claimant was unaware about the proceedings and the advocate of the claimant was also not aware about listing of the matter, as the matter was lastly listed on 28/1/2009 and since then, it was in dormant state and after more than 6 years, the matter was again listed on 8/7/2015. He further submits that since no online board system was back then, neither the learned advocate for the appellant nor the appellant were aware about the listing of the matter and ultimately on 16/8/2018, the right of the appellant's adducing the evidence was closed and on 23/8/2018, the right of the opponent was also closed and ultimately, order of dismissal was passed on 30/10/2018.

(3.) In case of the Bharatbhai Narsinghbhai Chaudhary and Others v. Malek Rafik Malek Himmatbhai reported in 2011 (2) G.L.R. 1324 (supra), it has been held that the learned Tribunal has no power to dismiss the Claim Petition for default taking into consideration the object behind the Motor Vehicles Act , 1988, i.e. to provide adequate compensation to the claimants. The relevant part of the above decision is reproduced herein below as under :-