The Motor Vehicles Act requires that claimants be given reasonable opportunities to present their cases, particularly during extraordinary circumstances like a pandemic, to ensure just outcomes.

JUDGMENT

1. Heard Mr. A. Sengupta, learned counsel appearing for the applicant as well as Mr. K.C. Bhattacharjee, learned counsel appearing for the respondent No.2.

2. This is an appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 against the judgment and award dated 09.12.2021 passed by the Member, Motor Accident Claims Tribunal, Court No.5, West Tripura, Agartala in Case No.T.S.(MAC)21 of 2019 dismissing the claim petition filed by the claimant-appellant.

3. The brief fact of the case is that the claimant appellant has filed the application before the court below under Section 166 of the MOTOR VEHICLES ACT claiming compensation due to the injuries suffered by him in a road accident which took place on 24.04.2016. While the claimant appellant was returning from Amtali towards his house at Khayerpur by riding his motorcycle, a bus bearing registration No.TR-07-1237 dashed him rashly and negligently from his backside for which he suffered grievous injuries. Thereafter, the doctors of AGMC & GBP Hospital, Agartala treated him and he was referred by the Standing Medical Board to the Institute of Neuro Science, Kolkata for better treatment. Accordingly, he was treated by the doctors w.e.f. 15.04.2016 13.05.2016 and advised him to keep in touch with the doctor of the said hospital in future.

4. After the said accident took place on 24.04.2016, a police case was registered as East Agartala P.S. Case No.39 of 2016 under Sections 279 /338/427 of the IPC and the investigating officer of the case filed the charge-sheet against the driver of the offending vehicle bearing registration No.TR-07-1237.

5. It has been stated in the claim petition that the claimant appellant is a newspaper hawker and plumber by profession and his monthly income is Rs.15,000/- per month and due to the said accident, he has lost his working ability and for that reason, he claimed Rs.20,00,000/- as compensation under the pecuniary and non-pecuniary heads.

6. The respondent No.1 after receiving notice from the court did not appear before the court. As a result of which the court proceed the case as ex parte against the owner of the vehicle.

7. The respondent No.2, Insurance Company had participated in the proceeding and the case was fixed for submission of the examination-in-chief by the claimant on 05.02.2020. Thereafter, due to pandemic situation, the claimant appellant could not make contact with his appointed Advocate for a long period and during that period, all the legal Courts were imposed restrictions on the litigants form physical presence in the court proceedings. So, the claimant appellant could not remain present in the court as well as in the chamber of the appointed Advocate and due to that reason on 09.12.2021, the learned learned Member, Motor Accident Claims Tribunal, Court No.5, West Tripura, Agartala dismissed the claim petition of the claimant appellant on the ground that without evidence, it cannot be said that the claim of the claimant is proved and justified.

8. Being aggrieved with the judgment and order passed by the learned tribunal on 09.12.2021, the claimant-appellant has preferred this appeal.

9. Mr. A. Sengupta, learned counsel appearing for the appellant has submitted that during the pandemic situation there was restriction of physical appearance of the litigants in the court premises and during that period, the Hon'ble Supreme Court and the Hon'ble High Court has also imposed the same restrictions on the litigants. So, the claimant-appellant could not remain present in the court as well as in the chamber. He has fairly submitted that the claimant-appellant was prevented by sufficient cause for n