Smt. Mukhiya And Others vs Raj Kumar Gupta And Another
2022 Latest Caselaw 1308 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER No. - 776 of 2022
 

 
Appellant :- Smt. Mukhiya And Others
 
Respondent :- Raj Kumar Gupta And Another
 
Counsel for Appellant :- S.N. Sharma,H.M. Srivastava
 
Counsel for Respondent :- N.K.Srivastava
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

This is an admitted appeal.

The claim petition was dismissed in default by the Tribunal. The restoration application was also dismissed on hyper technical grounds.

The tribunal could not have dismissed the appeal in default as per the judgment of Gujarat High Court in Bharatbhai Chaudhary Vs. Malek Rafik, 2014 ACJ 1261( Guj). The Motor Accident Claims Tribunal is enjoined with a duty for deciding the matter on merits. This matter has remained pending for a period of 32 years.

As the record is not before this Court, this Court relegates the parties to appear before Tribunal, namely, Motor Accidants Tribunal, Gorakhpur where MACP No.369 of 1990 pending in the Tribunal Gorakhpur is restored to file. As the record is not before this Court the Tribunal would post the matter for hearing as expeditiously as possible on receipt of this order. The claimants and respondents be summoned with notice by Tribunal.

Parties to complete their pleadings on or before 31st August, 2022.

Appeal is partly allowed as directed above.Both the orders dismissing the MACP No. 369 of 1990 and restoration application in default are quashed.

This order be sent to the concerned Tribunal for compliance.

Order Date :- 21.4.2022/Mukesh