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2014 Supreme(Tri) 116

DEEPAK GUPTA, S.C.DAS
Sankar Chandra Das – Appellant
Versus
Sujit Saha and The National Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. P. Roy Barman, Mr. S. Bhattacharji and Mr. K. Nath, Advocates
For the Respondents:Mr. D.K. Biswas and Mr. G.K. Nama, Advocates

JUDGMENT

Deepak Gupta; C.J.:-

The following question has been referred to the Division Bench for decision:-

What course of action the Motor Accident Claims Tribunal should follow when the claimant(s) does not appear before the Tribunal or does not take any step to produce evidence before the learned Tribunal?

Before dealing with the question, it would be appropriate to refer to certain provisions of the Motor Vehicles Act (hereinafter referred to as the M.V. Act).

2. Section 158(6) of the M.V. Act reads as follows:-

158(6). As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer.

3. Section 158(6) of the M.V. Act requires the Police Officer t





































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