2008 Supreme(Jhk) 1095
M.Y. Eqbal & Jaya Roy, JJ.
Gyatri Devi & Ors. ... Appellants
Versus
Baijnath Sahu & Anr. ... Respondents
MA No. 260 of 2003
Decided on 9.9.2008
For the Appellant(s): Mr. Arvind Kr. Lall.
For the Respondents (s): Mr. G.C. Jha.
Headnote:Motor Vehicles Act, 1988 – Section 169 r/w Rule 239 of Rules, 1992 – enhancement of compensation – amount of compensation enhanced on the basis of salary certificate of the deceased – application allowed. (Paras 8 to 10, 14 and 17)
Heard the parties.
2. This appeal by the claimants-appellants is for enhancement of compensation amount awarded by the learned Presiding Officer, Motor Vehicle Accidents Claim Tribunal Ranchi against the judgment/award dated 19.7.03 passed in Compensation Case No. 104/97. By the said judgment, a sum of Rs. 1 ,69,000/- has been awarded to the claimants from the death of the deceased, Prithvi Nath Singh in a motor vehicle accident.
3. Since the factum of the accident and the insurance of the vehicle has not been denied and disputed by the respondents. The only issue left is with regard to the quantum of compensation payable to the claimants. According to the claimants the deceased was a constable in Bihar Police Service and was getting a salary of Rs. 5,000/- although, the pay slip with regard to the salary of the deceased was filed by the claimants but the same has not been proved. The Tribunal took a lump sum of Rs. 2,000/- per month as the income of the deceased. After deducting one-third of the said amount, the Tribunal assessed the aforesaid amount of compensation.
4. The matter was first heard on 4.3.08. In course of the argument, it was argued by the learned counsel appearing for the appellant that at the relevant time the deceased was posted as a constable in Tatisilwai Police Station. This court adjourned the hearing and called for a report from the Officer-in-Charge, Tatisilwai Police Station as to whether the deceased was posted during that time in the said police station.
5. Pursuant td the said order, a report was submitted by the Officer-in-Charge certifying that the deceased was posted at the relevant time as constable in Tatisilwai Police Station. By filing supplementary affidavit, a fresh copy of the pay slip has been filed by the appellant and annexed as Annexure-1 to the supplementary affidavit.
6. Before the Tribunal, the salary certificate issued under the signature of Senior Superintendent of Police was filed and the genuineness of the said document was not disputed by the respondents. Merely because the document was not proved and marked as Exhibit, the Tribunal should not have debarred from considering the same.
7. Section 169 of the Motor Vehicles Act, 1988 lays down the procedure and powers of Claims Tribunal, which runs as follows:-
(1) In holding any inquiry under Section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it things fit.
(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and materials objects and for such other purposes as may be prescribed, and. the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purposes of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.
8. From bare perusal of the aforesaid provision, it is manifestly clear that while deciding the claim cases, the Tribunal shall follow a summary procedure as it thinks fit. Sub-section 3 of Section 169 confers power to the Tribunal to choose one or more persons possessing special knowledge of any matter relevant to the inquiry for the purpose of adjudicating upon any claim for compensation.
9. Similarly, Rule 239 of the Bihar Motor Vehicles Rules, 1992 lays down the manner of recording the evidence by the Tribunal. Rule 239 provides that the Tribunal shall make a brief memorandum of the substance of the evidence of every witness as examination of the witness proceeds and such memorandum shall be written and signed by the members of the Chairman thereof, which shall form part of