Allahbad High Court
K.C.AGRAWAL,O.P.SAXENA
U.P. State Road Transport Corporation, Lucknow - Appellant
Versus
Geeta Devi - Respondent
Decided On : 11/04/1982
MOTOR VEHICLES ACT - SECTION 110-D - RECONSTRUCTION OF LOST RECORD - POWER OF COURT - INHERENT POWER - DUTY OF COURT TO DO JUSTICE - PROCEDURE TO BE FOLLOWED.
Fact of the Case:
In a motor accident compensation case, the entire record of the case was destroyed by fire. The claimants and the corporation were unable to produce copies of the statements of the witnesses.
Finding of the Court:
The court held that it has inherent power to direct the reconstruction of the lost record in the ends of justice. The court directed the Claims Tribunal to reconstruct the record by serving the parties with a notice requiring them to produce the copies of the statements of the witnesses within three weeks. If the copies of the statements are not produced, the Tribunal may ask the parties to reproduce the witnesses for making the statements.
Issues: 1. Whether the court has the power to direct the reconstruction of the lost record? 2. If so, what is the procedure to be followed?
Ratio Decidendi: 1. The court has inherent power to direct the reconstruction of the lost record in the ends of justice. 2. The court should first serve the parties with a notice requiring them to produce the copies of the statements of the witnesses within a specified time. If the copies of the statements are produced, the court will satisfy itself whether they are the correct ones. If however, the parties fail in doing so, the court may ask them to reproduce the witnesses for making the statements.
Final Decision: The court directed the Claims Tribunal to reconstruct the record by serving the parties with a notice requiring them to produce the copies of the statements of the witnesses within three weeks. If the copies of the statements are not produced, the Tribunal may ask the parties to reproduce the witnesses for making the statements.
K. C. AGRAWAL, J.:- This appeal under Section 110-D of the Motor Vehicles Act has been preferred by the U. P. State Road Transport Corporation. Lucknow, against the award dated 27-1-1975 given by the Motor Accidents Claims Tribunal. Allahabad.
2. The award was in respect of a claim made by Respondents 1 to 3 for compensation in regard to an accident in which Vidya Sagar Dwivedi, husband of Respondent 1 and father of respondents 2 and 3 died on 11th October, 1971. The allegations were that at about 9.00 P.M. when Vidya Sagar Dwivedi was driving a motor cycle near village Ramnagar, the driver of the Roadways Bus No. U. P. Z. 4537 dashed him, as a result of which Vidya Sagar Dwivedi was thrown out and received serious injuries to which he succumbed at the spot. The allegation made by Respondents 1 to 3 was that the accident had occurred on account of rash and negligent driving of the Roadways Bus by its driver Rudra Pratap Singh. It was alleged that the deceased was going on the motor cycle on his left when the aforesaid Bus driven by Rudra Pratap Singh rashly struck the deceased.
3. The claim was contested by the U. P. State Road Transport Corporation, and the allegations of negligence were denied. The Corporation alleged that the deceased Vidya Sagar Dwivedi was drunk and in that state of mind he had no control over the motor cycle which he was driving on the middle of the road and despite the best efforts by the driver of the Bus, the accident could not be avoided. In this background, the plea was that the deceased Vidya Sagar Dwivedi himself was responsible for the accident, and that he was not entitled to get any compensation from the Corporation.
4. On the pleadings of the parties. the claims Tribunal framed the following issues :-
1. Whether the claimants petitioners are legally entitled to receive compensation if any?
2. Whether the driver of vehicle No. UPZ 4537 was driving the bus rashly and negligently?
3. Whether the deceased was driving the motor cycle rashly and negligently?
4. To what amount of compensation the claimants petitioners are entitled?
5. For proving their case, Raja Ram Singh was examined by the claimants. He claimed that he was present at the time of the accident at about 9.00 P. M. at the shop of one Ramji, and that he had seen the accident which, according to his statement, occurred on account of rashness of the Bus driver. In rebuttal, the Corporation had examined Rudra Pratap Singh, the driver of the Roadways Bus. He denied that the bus was being driven by him negligently, and that the accident occurred on account of the rashness on his part. He stated that the motorcycle was being driven in a zigzag manner by the deceased, and that despite his best efforts he could not avoid the accident. He also stated that the deceased Vidya Sagar Dwivedi was drunk at the time of the accident.
6. The Claims Tribunal decided the issue of negligence against the corporation, and holding that the claimants had established their case, awarded a sum of Rs.. 75,000/- as compensation to Respondents 1 to 3. Against the said award, the present appeal has been filed.
7. From the facts admitted and the report received from the district judgship, Allahabad, it appears that the entire record of the case was destroyed by fire, as a result whereof we did not have the benefit of considering the evidence ourselves and recording the findings on the various issues which arise for decision in this appeal. We also gave time to the learned counsel for the parties, but they were unable to produce the copies of the statements of the witnesses produced from the side of the claimants and the corporation. In the absence of the statements of the witnesses, it is not possible for us to find as to whether the judgment of the Claims Tribunal on various questions of fact was correct or not.
8. Under Section 110-D of the Motor Vehicles Act, under which the appeal has been preferred, this court has jurisdiction to go into the questions of fact and
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