IMPORTANT POINT
Dismissal of the appeal without assigning any reason is without jurisdiction.

JUDGMENT :

ABHAY MANOHAR SAPRE, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 04.08.2015 passed by the High Court at Calcutta in F.M.A. No.647 of 2009 whereby the High Court dismissed the appeal filed by the appellant herein and affirmed the award dated 16.02.2008 passed by the Motor Accident Claims Tribunal & District Judge, Nadia in M.A.C. Case No.3 of 2005.

3. A few facts need to be mentioned hereinbelow for the disposal of this appeal, which involves a short point.

4. The appellant is the claimant (applicant) and the respondents are the non-applicants in the claim petition filed before the Motor Accident Claims Tribunal (hereinafter referred to as “the Tribunal”) out of which this appeal arises.

5. On 19.07.2004, when the appellant with her husband and minor son – Sourangshu was going towards Gachha Bazar Bus Stoppage on a rickshaw van, one Matador van bearing No. WB 57/5270 came on a high speed from opposite side and dashed the rickshaw van as a result of which all the occupants of the rickshaw van suffered serious injuries.

6. The appellant's minor son-Sourangshu aged around 10 years, who was travelling with the appellant-this mother, suffered multiple injuries on his body. He was taken to the hospital where he received the treatment for a long time. After treatment, it was certified that he was Orthopedically disabled with posttraumatic paraplegia and weakness in his right hand. The permanent disability in his body was diagnosed to the extent of 70% due to injuries caused to him in the accident.

7. This gave rise to filing of the claim petition by the appellant against the respondents, i.e., owner/driver and insurer of the offending vehicle under Section 166 of the Motor Vehicles Act, 1988(hereinafter referred to as “the Act”) claiming compensation for the disabilities caused to her son due to injuries.

8. It was inter alia alleged that the accident occurred due to rash and negligent driving of the driver/owner of the offending vehicle respondent No. 2 and that it was insured with respondent No. 1 on the date of accident. It was alleged that due to permanent disability suffered by the appellant's son, the appellant is entitled to claim suitable compensation for him.

9. The respondents contested the claim. By award dated 16.02.2008, the Tribunal partly allowed the appellant's claim petition and awarded a compensation of Rs. 2,00,000/-to the appellant. The appellant felt aggrieved and filed an appeal before the High Court at Calcutta. By impugned order, the High Court dismissed the appeal which gives rise to filing of the present appeal by way of special leave by the appellant (claimant) in this Court.

10. Heard Mr. Rauf Rahim, learned counsel for the appellant and Mr. A. Jain, learned counsel for respondent No.1.

11. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the impugned order modify the award passed by the Tribunal and accordingly enhance the compensation to the extent indicated hereinbelow in favour of the appellant.

12. On perusal of the impugned order, we find that the High Court did not assign any reason for dismissal of the appellant’s appeal, which reads as under:

“We have gone through the award so pronounced by the Motor Accident Claims Tribunal and we are of the opinion that there is no perversity or illegality in the award so passed by the Tribunal.”

13. In our view, the High court committed jurisdictional error in dismissing the appeal because it failed to appreciate the evidence and also failed to assign any reason for the dismissal of the appeal. In the absence of any discussion and the reasoning, we are at a loss to know as to what persuaded the High Court to dismiss the appeal.

14. An appeal filed under Section 173 of the Act is akin to Section 96 of Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”). The scope of the appellate powers under Section 173