SHINDE PARVATIBEN BHIMA PIRAJI Vs. CHANDARBHAI KALUBHAI DINDE

JUDGEMENT

(1.) The challenge is given to the claim petition, which came to be dismissed on 2/9/2023 by Motor Accident Claims Tribunal (Auxi.), Surat in Motor Accident Claim Petition No.394 of 2011.

(2.) Advocate Mr. Matafer R.Pande for the appellant submitted that the matter was registered in 2011. The matter was pending in another Tribunal, thereafter the matter was transferred to the Tribunal which has dismissed the petition.

(3.) In the judgment of Bharatbhai Narsinghbhai Chaudhary (supra), it has been held that the learned Tribunal has no power to dismiss the Claim Petition without 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:-