Gopi and Another Vs Lal Chand and Others

The petitioners-parents of the deceased-Surender, by way of present revision petition, seek setting aside of an order dated 10.11.2022 (Annexure P-3) passed by the learned Motor Accident Claims Tribunal, Palwal (for short “the Tribunal”) , whereby the evidence of petitionersclaimants was closed by Court order.

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[2] Briefly stating, the petitioners while claiming themselves to be parents of the deceased-Surender, who allegedly died in a road accident involving vehicle / car bearing Regn. No. HR-50D-7276 on 13.07.2019, filed a claim petition before the learned Tribunal. Vide impugned order dated 10.11.2022, the evidence of petitioners was closed by the learned Tribunal, while recording that the petitioners failed to conclude their

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Dinesh Kumar 2025.08.11 17:37 I attest to the accuracy and integrity of this document

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Civil Revision No. 894 of 2023 (O&M)

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[2]

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evidence despite having been availed six opportunities including three last opportunities.

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[3] I have heard learned counsel for the parties and gone through the paper-book.

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[4] In the present case, from the facts, it can be discerned that the petitioners being the parents of the deceased-Surender, who allegedly died in a road accident which took place on 13.07.2019, filed a claim petition before the learned Tribunal, however, their evidence came to be closed vide impugned order dated 10.11.2022.

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[5] Considering the fact that the Motor Vehicle Act, 1988, is a beneficial legislation and Section 166 thereof provides remedy to the victims/claimants/dependents of injured/deceased to seek compensation; rather than taking recourse to the technicalities, in the considered opinion of this Court, the order dated 10.11.2022 passed by the Tribunal needs to be set aside. The petitioners who happen to be the parents of the deceased and were dependent upon him; in the interest of justice, are granted two effective opportunities to conclude their entire evidence in MACT Case No. 271 of 2020 , titled “Gopi & others Versus Lal Chand & Others” .

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[6] Learned Tribunal is requested to provide all kind of assistance to the claimants-petitioners for the purpose of summoning of witnesses as well as the records, if at all required. The parties through their counsel are directed to appear before the Tribunal on 25.08.2025 and thereafter the Tribunal shall fix the date for recording of the evidence of the petitioners.

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[7] Petition stands disposed off accordingly.

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Dinesh Kumar 2025.08.11 17:37 I attest to the accuracy and integrity of this document

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Civil Revision No. 894 of 2023 (O&M)

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[3]

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[8] Pending miscellaneous application(s), if any, the same shall

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also stand disposed off.