BINOY KR BANIK Vs. NEW INDIA ASSURANCE CO

JUDGEMENT

(1.) HEARD Sri Roy, learned Advocate for the petitioner and Sri Dutta, Learned Advocate for the respondent No. 2. A motor accident claim being M A.C.T. Case No. 5/95 was dismissed for default by the Member, Motor Accident Claims Tribunal, Kamrup. The law has been settled by catena of decisions that this Court holding that a claim for compensation under the Motor Vechicle Act cannot be dismissed for default. In that view of the matter, the impugned orders dated 14.3.97; 29.3.97 and 6.5.97 passed by the Member,

(2.) M.A.C.T., Kamrup, Guwahati shall stand quashed, and the case shall stand retored to file and the Learned Member, M.A.C.T. is directed to dispose of that matter on merit/ in accordance with law. The parties shall appear before the Tribunal on 29th of September, 1997 for further, instruction. This disposes of the revision application.