GAUHATI HIGH COURT ISSUES ORDER ON MINATI RAY V/S BISTI BORO AND 2 ORS (B)

GUWAHATI, India, June 23 -- Gauhati High Court issued the following order on May 23:

1. Heard Mr A Hussain, the learned counsel appearing on behalf of the appellant, Mr A Dutta, the learned counsel appearing on behalf of the respondent Nos. 1 and 2, and Ms A Biyani, the learned counsel appearing on behalf of the respondent No. 3.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988, challenging the order dated 21.06.2018, passed in MAC Case No. 5/2017, by the learned Member, Motor Accidents Claims Tribunal, Bajali, Pathshala, whereby the claim proceedings was dismissed on 21.06.2018, on the ground that the claimant was not represented. Subsequently, an application was filed under Order IX Rule 9 of the Code of Civil Procedure, 1908 (hereinafter, referred to as 'the Code'), for recalling the order dated 21.06.2018, which was rejected vide the order dated 07.08.2018, and it is under such circumstances, the present appeal has been filed.

3. This Court finds it relevant to take note of that on 21.06.2018, the appellant did not appear, for which the claim proceedings were dismissed for non-appearance. It is relevant to take note of that on 21.06.2018, none has appeared on behalf of the opposite parties in the claim proceedings. Under such circumstances, the provisions of Order IX Rule 3 of the Code would have been applicable.

4. Be that as it may, on account of mistaken advice, an application was filed Order IX Rule 9 of the Code, for restoring the claim proceedings, which was dismissed for nonappearance. The said application was also rejected vide the order dated 07.08.2018. This Court, further takes note of the fact that the accident for which the claim proceedings was filed was prior to 01.04.2022, and as such, by virtue of Order IX Rule 4 of the Code, the claimant could have filed a fresh claim proceedings also, as there was no bar in view of the proceedings of Order IX Rule 4 of the Code, in filing a fresh proceedings.

5. It is further seen that all the respondents are duly represented before this Court, and taking into account that the claim proceedings under the Motor Vehicles Act, 1988, are in a form of a benevolent legislation, this Court in exercise of its appellate jurisdiction, restores the said claim proceedings, i.e., MAC Case No. 5/2017, to the file of the Court of the learned Member, Motor Accidents Claims Tribunal, Bajali, at Pathshala. The appellant as well as the respondents who are duly represented are directed to appear before the Court of the learned Member, Motor Accidents Claims Tribunal, Bajali, at Pathshala, on 16th of June, 2025.

6. The learned Member, Motor Accidents Claims Tribunal, Bajali, at Pathshala, is directed to proceed with the claim proceedings, in accordance with law.

7. This Court, however, finds it very pertinent to observe that taking into account that the instant claim proceedings have been revived, after a period of 8 years from the date, the said original claim proceedings was filed, the appellant herein, who is the claimant shall not be entitled to the interest for the period from 21.06.2018 till date, i.e., for the period from the date of dismissal of the claim proceedings, till date, i.e., the revival of the claim proceedings, if in the circumstance, the learned Tribunal awards any compensation to the appellant/claimant.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpOUcJpYpOgAzWOpPm692x406yDCJXaTeZbsiq1k7DV%2BG&caseno=MACApp./198/2025&cCode=1&cino=GAHC010245252023&state_code=6&appFlag=)

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