KAILASHBEN MANSUKHBHAI TAVIYAD Vs. DEVILAL AMRUTJI BALAI

JUDGEMENT

(1.) The applicant lady is before this Court. Prayer is made to issue an appropriate writ/ direction/order to quash and set aside the order passed by the learned MACT, Godhra in Misc. Application no.275 of 2018 dtd. 20/7/2022 and to restore the original MACP no.1374 of 2000 at MACT, Godhra with appropriate direction.

(2.) Mr. Bhalodi submits that the applicant received grievous injuries all over the body in the accident dtd. 2/11/2019. As a result, for compensation, she had moved MACT, Godhra by filing MACP no.1374 of 2000 under Sec. 166 of the Act. The matter came to be dismissed.

(3.) Mr. Bhalodi submits that the very dismissal of the petition without any judgment on merits, itself is violative of the principles of natural justice. He further states that the learned Tribunal ought to have granted just and reasonable compensation to the applicant by referring to the papers received in Form-54 as per Sec. 158(6) read with Sec. 166(4) of the Act. Mr. Bhalodi further states that the application for restoration was also moved, but the same also came to be rejected on 20/7/2022 observing that the First Appeal could be filed against the rejection of the claim petition. Restoration application was placed on record along with the delay condonation application to condone delay of 44 days.