Md Shadab Ansari (Law Student & Human Rights Activist....) 15 August 2010

What is the procedure to restore a MV claim Case?

What is the procedure to restore a MV claim case in Permanent Lok Adalat. A case for compensation for death was filed in Permanent Lok Adalat in 2007 but due to poverty the mother of the deceased couldnt attend the Lok Adalat,ultimately the suit was dismissed. Now I want to know from the learned experts the procedure to restore the same. Can I file the MV claim suit in Dist. & Session Court without restoring it if not then what is the procedure?? Kindly Guide me... Thanks

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5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 15 August 2010

lok adalat have no power to dismiss your claim in your absence

N.K.Assumi (Advocate) 18 August 2010

If one of the party does not agree with the order of Lok adalat the case should be routed back from where it originated. In your case the Lok adalat simply dismissed for default and that is not sustainable.

YN Gaikwad (self) 26 August 2010

lok adalat cannot dismiss the case in the absence. Probably, it got dismissed in the MACT. If the claim is dismissed in MACT then you must file a resoration petition in high court within 60 days. Else difficult to restore.

There were couple of cases where claim petition were filed in the MACT. After WS and issues the petitioner did not provide any evidence and as a result the claims were dismissed in MACT. I think these days insurance companies are very vigilant inorder to find the fradulent claims.