MACT Claim Petition Revival: A Liberal Approach by Punjab-Haryana HC

Описание: In a landmark judgment, the Punjab and Haryana High Court has adopted a liberal interpretation in accident claim cases. The Court ruled in favor of reviving a second claim petition under the Motor Accident Claims Tribunal (MACT) after the first was withdrawn without explicit permission to refile.

👉 Key Issue:
Can a claimant file a second petition if the first was withdrawn without permission to refile under Order 23 Rule 1(4) of the CPC?

🧑‍⚖️ Court's Observation:
The Court emphasized that procedural technicalities should not defeat substantive justice, particularly in accident compensation matters. Since the earlier claim was not decided on merits, the bar under Order 23 Rule 1(4) CPC does not apply strictly. Accident claims deserve a more humane and justice-oriented approach.

🔍 Why This Matters:
This ruling opens the door for many genuine claimants whose petitions were withdrawn or dismissed due to procedural lapses. It reinforces the principle that justice should not be sacrificed at the altar of technicality.

📌 Key Takeaways:

Liberal interpretation in MACT cases

Order 23 Rule 1(4) CPC not rigidly applicable

Procedural lapses should not override substantive justice

Revival of claim petition allowed

🛡️ This decision is a reminder that courts are guardians of justice, not just rule enforcers.

📚 #LegalInsight: This case should be studied by law students, practitioners, and insurance litigants alike.

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