Allowed

Bachchey Lal Verma and Others v. Kashi Nath Singh and Another

Allahabad HC23 Jan 2023FAFO/975/1995

Case brief

AI extract

What is this about?

appellants challenged Motor Accident Claims Tribunal order rejecting their claim petition by a court hold that tribunal must not take hyperTechnical view in beneficial legislation so appeal is allowed and matter is remanded to Tribunal to evaluate claim afresh after summoning opponent.

What did the court decide?

Appeal allowed. Matter remanded to Tribunal to evaluate accident claim afresh after summoning opponent.

Bachchey Lal Verma and Others Vs Kashi Nath Singh… — Motor Accident Claims | Allahabad HC (2023)

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Court No. - 44

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Case :- FIRST APPEAL FROM ORDER No. - 975 of 1995

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Appellant :- Bachchey Lal Verma And Others Respondent :- Kashi Nath Singh And Another Counsel for Appellant :- Anil Kumar Pandey,D.P.Mishra Counsel for Respondent :- V.V. Mishra,Pradeep Kumar

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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By way of this appeal the claimants are destitute heirs who have challenged the total in human approach of the Tribunal in a beneficial piece of legislation.

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At the outset, even in the judgment at page no.2 it is categorically mentioned by the learned Tribunal that the owner did not appear and the matter proceeded when ex-parte against him.

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Whether the vehicle was insured or not was an issue between the owner of the vehicle and the Insurance Company. The claimants had filed the F.I.R. and has proved that the accident occurred by cogent evidence which fact is accepted by Tribunal, the date of the accident. Bachhe Lal a third party had lodged the F.I.R. and, therefore, non-mentioning of the number of the bus would not prove fatal to the appellants. When the respondent has not appeared and has not disputed the fact as to his being owner of the vehicle, the Tribunal has given a finding against the appellants which can be sustained.

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The appellants who are the legal heirs of the deceased had filed this appeal challenging the rejection of the claim petition filed by the appellants herein by the Tribunal. The claim petition came to be numbered as M.A.C.P. no. 37/94 of 1994 and was instituted before the Motor Vehicles Claims Tribunal Ballia.

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The brief facts as culled out from the record are that the deceased was died at about 10:30 at that point of time private Bus No. U.P. 60-4678 complying from Ballia to Gorakhpur dashed with the deceased who fell down and died. The claim petition was filed by the claimants after lodging of F.I.R. and documentary evidence is of mechanical examination report dated 07.01.1994. The released order of the said vehicle dated 06.01.1994. Personal bond given by the owner while getting the vehicle released and the affidavit of opponent no.1 was also filed. This has been totally given a go by by the Tribunal.

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This itself is sufficient to prove that the vehicle was involved in the accident just because of owner did not appear, it can be said that the witness should not be believed. The witness by cogent evidence have been believed to be eye-witnesses despite that the claim petition came to be dismissed.

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The claimants claims PW-1 and PW-2 one was the lodger of the F.I.R. and the claimants who was the widow of the children of the deceased have not given the benefit of compensation. The Apex Court in Anita Sharma and others Vs. The New India Assurance Co.Ltd and another, (2021) 1 SCC 171 has held that tribunals should not take a hyper-technical view in such beneficial legislation.

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This appeal is allowed. The matter is remanded to the Tribunal who shall evaluate the accident claim Tribunal Case No. 37 of 1994 afresh after giving chance to all the parties.

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As the record is before tribunal and evidence is already led by claimants. The opponent be summoned and matter be decided as expeditiously as possible.

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Hence, this appeal is allowed.

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This Court is thankful to Shri Dharmendra Kumar on behalf of Shri Anil Kumar, learned counsel for the appellants.

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Order Date :- 23.1.2023 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Bachchey Lal Verma and Others v. Kashi Nath Singh and Another

Case brief

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Bachchey Lal Verma and Others v. Kashi Nath Singh and Another

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