Back
PUNJAB AND HARYANA HIGH COURT
Amarjeet Chaudhary, J.
Smt. Sona and others - Appellants
Versus
General Manager, Haryana Roadways Bus Depot, Rewari and others - Respondents
First Appeal from the Order No. 1087 of 1985.
Decided On : 14 February, 1995
Motor Vehicles Act - Compensation - Opportunity to lead evidence - Social legislation - Strict compliance of Civil Procedure Code not to be applied
Fact of the Case:
The claimants sought compensation for the death of Raj Singh in a vehicular accident. The tribunal dismissed the claimed petition but awarded a sum of Rs. 15,000/- on account of no fault liability. The claimants argued that they were not given an opportunity to produce remaining evidence.
Finding of the Court:
The court found that there was no justification for closing the evidence of the claimants and emphasized that the Motor Vehicles Act is a social legislation enacted for the benefit of the claimants. It held that the rule of strict compliance of the provisions of Civil Procedure Code is not to be applied to accident cases. The appeal was allowed, and the case was remanded back to the tribunal with a direction to provide two opportunities to the claimants to lead their evidence and decide the case afresh on merits.
Issues: Opportunity to lead evidence, application of Motor Vehicles Act, strict compliance of Civil Procedure Code
Ratio Decidendi: The court emphasized the importance of providing opportunities to claimants to lead their evidence and highlighted that the Motor Vehicles Act is a social legislation aimed at providing monetary benefits to the dependents of a deceased person who dies in an accident. It also ruled that the rule of strict compliance of the provisions of Civil Procedure Code is not to be applied to accident cases.
Final Decision: The appeal was allowed, the order of the tribunal was set aside, and the case was remanded back to the tribunal with a direction to provide two opportunities to the claimants to lead their evidence and decide the case afresh on merits. No costs were awarded.
Amarjeet Chaudhary, J. - This appeal is directed against the award of the Motor Accidents Claims Tribunal, Narnaul, dated 29.7.1985, which has dismissed the claimed petition filed by the claimants for the grant of compensation on account of death of Raj Singh, who died in a vehicular accident on 5.2.1985. However, a sum of Rs. 15,000/- was awarded to the claimants on account of no fault liability.
2. The challenge to the award is that the claimants had sought adjournment for producing remaining evidence but the tribunal closed the evidence of the claimants by order dated 29.7.1985 and awarded a sum of Rs. 15,000/- on account of no fault liability. Had the Tribunal afforded an opportunity to the claimants to lead their entire evidence they would have been entitled to the higher compensation.
3. After having heard learned counsel for the parties, perusing the various in terim (zimni) orders passed by the learned Tribunal, this Court is of the view that there is no justification for closing the evidence of the claimants by order to prove the material issue.
4. The Motor Vehicles Act is a social legislation which was enacted for the benefit of the claimants. The object of the Act is provide monetary benefits to the dependents of a deceased person who dies in an accident in order to avoid hardship to them. More so the rule of strict compliance of the provisions of Civil Procedure Code is not to be applied to the accident cases. 5. In view of this, the appeal is allowed. The order passed by the Motor Accidents Claims Tribunal, Narnaul dated 29.7.1985 is set aside. The case is remanded back to the Tribunal with a direction to provide two opportunities to the claimants to lead their evidence and thereafter decide the case afresh on merits. Parties through their counsel are directed to appear before the Motor Accidents Claims Tribunal, Narnaul on July 16, 1995 to receive further directions. No costs.
Appeal allowed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
