CO/3852/2022 of PADMA SARDAR AND ORS Vs NATIONAL INS CO LTD AND ORS on 29 September 2026

1. Affidavit of service filed. Let it be taken on record.

2. Present petition has been challenging the order dated 21st November, 2022 whereby the learned Additional District Judge, 3rd Court, Alipore dismissed the application for restoration of the claim petition.

3. Briefly stated that the facts are that the petitioners file a claim petition bearing MAC Case No. 26 of 2013 seeking compensation on account of death of Bhodaram Sarder @ Bhonda Sardar in motor accident occurred on 29th April, 2018. Upon service of summons, the Insurance Companies entered their appearance and filed the written statement. Learned counsel submits that private parties did not appear before the learned trial court.

4. Learned counsel submits that on 30th June, 2018, learned trial court dismissed the claim petition for default. It has further been submitted that an application was filed for restoration along with the application for condonation of delay. Learned counsel submits that this application was taken up for hearing on 21st November, 2022, however, on that day also the petition was dismissed. The application for restoration of the petition was dismissed on default. Learned counsel submits that earlier counsel could not pursue the case properly. Learned counsel further submits that it being a welfare legislation the petitioners may not be put to loss on account of mistake of the counsel.

5. Learned Counsel for the petitioners has prayed for restoration of the petition on the ground that the petition got dismissed in default on account of fault of the lawyer. Learned counsel submits that the petitioners may not suffer on account of the negligence of the lawyer.

6. Learned counsel for the insurance companies have opposed the restoration petition on the ground that if the petition is restored, the insurance company will unnecessarily be burdened with an interest of seven years from 2018 to 2026 for no fault of them. Learned counsel submits that the petitioners may not be given the benefit of their own wrong.

7. The Motor Vehicles Act is a piece of welfare legislation and the purpose is to award the compensation to the legal heirs of the deceased. The Courts have time and again taken a view that the proceedings in such petitions have to be conducted in sync with the welfare object of the legislation. Certainly, the petitioners cannot be allowed to take advantage of their own negligence. The Court considers that for the purpose of decision of the claim petition on merit, the petition may be restored to its original file and number.

8. In view of the discussions made hereinabove, the claim petition being MAC Case no. 26 of 2013 is restored to its original file and number.

9. Learned Judge, Motor Accident Claims Tribunal, shall start the proceeding from where it was at the time same was dismissed in default and shall positively dispose of the same within six months in accordance with law after giving the notice to all the parties and opportunity of being heard. However, the learned Trial Court shall, while granting interest, if any on the award, if passed in favour of the petitioners, take into account the fact that the petition remained dismissed for around seven years for the negligence of the petitioners.

10. Accordingly, the present revision petition stands disposed of.

11. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

12. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Dinesh Kumar Sharma, J.)