Lodging of FIR is not a ground for dismissing the claim petition and the claim petition cannot be dismissed on the ground that it is barred by limitation.

Mansoor Ahmad Mir, J.

Appellant-claimant-injured has invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act, 1988 (for short "the MV Act") and has questioned the judgment/award, dated 6th October, 2007, made by the Motor Accident Claims Tribunal, Chamba Division, Chamba, (H.P.) (for short "the Tribunal") in M.A.C. Petition No. 75 of 2004, titled as Jagdish versus Rahul Bus Service and others, whereby the claim petition filed by the claimant came to be dismissed (for short "the impugned award").

2. Before I give the brief resume of the case, I deem it proper to record herein that the appellant-claimant-injured has been driven from pillar to post and post to pillar by the authorities including the Tribunal and the insurer, who have succumbed to the procedural wrangles and tangles and this is how the purpose of granting of compensation in terms of the mandate of Chapters X, XI and XII of the MV Act stands defeated.

3. The appellant-claimant-injured had filed a claim petition before the Tribunal, which was diarized as MAC Petition No. 54 of 2002, and came to be dismissed on 27th May, 2004. He filed a fresh claim petition on 3rd June, 2004, which was dismissed vide the impugned award on the ground that claim petition was barred in view of the dismissal of first claim petition.

4. The core points for consideration involved in this appeal are:

(i) Whether the appellant-claimant-injured has pleaded and proved that the driver, namely Shri Som Raj, had driven the offending vehicle, i.e. bus, bearing registration No. HP-38-7596, rashly and negligently on 3rd July, 2002, at about 1.30 p.m. near Loona Pul (Gehra), and caused the accident, of which he is victim?

(ii) Whether registration of First Information Report (for short "FIR") was required for maintaining the claim petition?

(iii) Whether second claim petition was not maintainable and was barred in view of the fact that the first claim petition filed by the appellant-claimant-injured was dismissed in default in absence of both the parties, vide order, dated 27th May, 2004?

5. In order to determine all these issues, it is necessary to give brief resume of the lis, which has given birth to the appeal in hand.

6. Shri Jagdish, appellant-claimant-injured filed a claim petition before the Tribunal for grant of compensation to the tune of Rs.12,00,000/-, as per the break-ups given in the claim petition, on the ground that he became the victim of a vehicular accident, which was caused by the driver, namely Shri Som Raj, while driving the offending vehicle, i.e. bus, bearing registration No. HP-38-7596, rashly and negligently on 3rd July, 2002, at about 1.30 p.m. near Loona Pul (Gehra).

7. The claim petition was resisted by respondents No. 1 and 3, i.e. the owner-insured and the insurer on the grounds taken in the respective memo of objections.

8. It is apt to record herein that respondent No. 2, i.e. the driver of the offending vehicle has not contested the claim petition and was set ex-parte.

9. After examining the pleadings and the documents, the Tribunal framed following issues on 3rd December, 2004:

"1. Whether the accident took place due to the rash and negligent driving of bus No. HP-38- 7596 by its driver in which petitioner received injuries as alleged? OPP

2. Whether the petitioner is entitled to compensation, if so, to what amount and from whom? OP Parties

3. Whether the petition is not maintainable and the petitioner has no cause of action to file the present petition as alleged? OPR

4. Whether the vehicle was being used in contravention of the provisions contained in the Motor Vehicles Act as well as the terms and conditions of the Insurance Policy as alleged? OPR-3

5. Whether the driver of the vehicle was not holding a valid and effective driving licence at the time of accident as alleged? OPR

6. Relief."

10. Appellant-claimant-injured has examined Dr. Rakesh Verma as PW-2, Shri Mulkh Raj as PW-3, Shri Sonu as PW-4, Shri Natho Ram as PW-5, Shri Mohan Lal