Page No.# 1/2 GAHC010100402024 2025:GAU-AS:15010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/50/2025 ABU KALAM@ ABUL KALAM KALITA S/O MD. ABDUL SAMED, RESIDENT OF BECHIMARI, PS DALGAON, DIST DARRANG, ASSAM. VERSUS NEW INDIA ASSURANCE CO. LTD HAVING ITS REGIONAL OFFICE AT 5TH FLOOR, STAR CITY COMPLEX, ULUBARI, GUWAHATI 781007 Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : , MS L SHARMA(R-3) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.11.2025 1. Heard Mr. D Mondol, learned counsel for the appellant. Also heard Mr. K.K Bhatta, learned counsel appearing for the respondent/Insurance Company. 2. This appeal is filed under Order 43 Rule 1 of the Code of Civil Procedure praying for setting aside the dismissal of restoration petition filed by the Page No.# 2/2 claimant in respect of M.A.C Case No. 228 of 2019 pending in the Court of M.A.C.T, Kamrup, Amingaon. 3. The petitioner is the claimant before the Ld. Tribunal. His claim petition was dismissed for default. Thereafter, he filed an application praying for restoration of the claim petition. However, that was also dismissed. 4. I have considered the submissions made by the learned counsel of both sides. 5. A claim petition regarding seeking compensation in motor accidents is a beneficiary legislation. Moreover, there is no provision in the Motor Vehicles Act for dismissal of a claim petition for default. 6. For these two reasons, the prayer of the appellant is allowed. 7. The impugned order dated 29.112023 passed by the Court of M.A.C.T, Kamrup, Amingaon in M.A.C Case No. 228 of 2019 is set-aside. 8. The Ld. Tribunal is directed to dispose of the claim petition on merit after hearing both sides. 9. The claimant and the respondent shall be given the opportunity examine witnesses. After that the Ld. Tribunal shall dispose of the claim petition in accordance with the procedure as laid down by Law. 10.With the aforesaid directions, the present appeal stands disposed of. JUDGE Comparing Assistant