Allowed

Randhir Kumar Alias Randhir Singh v. Ram Avtar and Ors.

Punjab & Haryana HC22 Mar 2012FAO/2056/2011

Case brief

AI extract

What is this about?

The High Court allowed an appeal challenging the Motor Accident Claims Tribunal's order returning a claim petition for lack of jurisdiction. Setting aside the impugned order, the Court held that the Tribunal lacked jurisdiction to dismiss the petition at that stage and remanded the case with parties to decide it on merits.

What did the court decide?

Impugned order set aside; case remanded to Tribunal for decision of claim petition on merits.

Randhir Kumar Alias Randhir Singh Vs Ram… — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No. 2056 of 2011 -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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FAO No. 2056 of 2011 (O&M) Date of decision : 22.3.2012

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Randhir Kumar @ Randhir Singh

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................Appellant vs.

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Ram Avtar Singh and others

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.................Respondents

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Coram: Hon'ble Mr. Justice K.C. Puri

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Present: Sh. Ajay Jain, Advocate for the appellant

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Sh. Ashish Gupta, Advocate

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for respondent No.2.

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Sh. Neeraj Khanna, Advocate for Sh. Ravinder Arora, Advocate for respondent No.3Insurance company.

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K.C. Puri, J.

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Challenge in this appeal is the award/order dated 8.11.2008 passed by Mrs. Sneh Prashar, Motor Accident Claims Tribunal, Rewari, vide which the claim petition was returned to the claimant in original for being presented before the Tribunal having jurisdiction to try the same.

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The claimant filed the claim petition with the allegation that

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FAO No. 2056 of 2011 -2-

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on 1.6.2007 at about 9/10.00 p.m. Claimant alongwith his friend was going to Ashiana Bagicha, Bhiwadi on motor cycle Hero Honda bearing registration No. HR 26 AC 5066. His friend was the pillion rider, while he was driving. When they reached near Hanuman Mandir on Bhiwadi – Tizara Road in the area of village Matila, a dumper bearing registration No. RJ 02 GA 1775 being driven rashly, negligently, in a high speed and without blowing horn came from the side of Bhiwadi and struck into his motor cycle which was being driven by him at a normal speed and on left side of the road. As a result of the accident, he and the pillion rider fell on the road and received injuries. Compensation was sought in respect of injuries sustained by the claimant in the motor vehicular accident. The claimant has pleaded that he was residing at Dharuhera, Tehsil and District Rewari.

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The claim petition was resisted.

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Learned Tribunal allowed the parties to lead evidence and both the parties have led evidence in support of their respective case. However, while hearing arguments, the Tribunal came to the conclusion that since the claimant has failed to prove that he was residing at Dharuhera and as such the Tribunal at Rewari has no jurisdiction and the claim petition was returned back for presentation before the appropriate Tribunal vide order dated 8.11.2008. The said order has been challenged in the present appeal.

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Notice was given to the respondents. Respondent No.2 has appeared through Sh. Ashish Gupta, Advocate, while respondent No.

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FAO No. 2056 of 2011 -3-

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3 has appeared through Sh. Neeraj Khanna, Advocate for Sh. Ravinder Arora, Advocate. Respondent No. 1 was proceeded ex parte, as he did not appear inspite of service.

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Learned counsel for the appellant has submitted that since evidence has been led by both the parties, so inthese circumstances, the Tribunal should have decided the case on merits, more so, when both the parties have led their evidence. It is further contended that case of the appellant, from the very beginning, is that he is presently residing at Dharuhera, Tehsil and District Rewari. It is further contended that in the cross examination also, suggestion was put to the claimant Randhir Kumar @ Randhir Singh that he is not residing at Dharuhera and that suggestion was denied. So, in these circumstances, the Tribunal should not have returned the claim petition for presentation before the competent Court.

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Learned counsel for the respondents have supported the order of the Tribunal.

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I have heard both the sides and have also gone through the record of the case.

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The Motor Vehicle Act is a welfare legislation enacted with a view to provide speedy relief to the road victims. The Parliament in its wisdom has given option to the road victims to file claim petition where they are residing irrespective of the fact that the accident has taken place anywhere in India. The Tribunal has not appreciated this fact in right perspective. Both the parties have led their evidence in support of their respective case. The case of the claimant is that he

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FAO No. 2056 of 2011 -4-

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was residing at Dharuhera, Tehsil and District Rewari and in the cross examination also he has denied the suggestion that he is not residing at Dharuhera.

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So, in these circumstances, the impugned order does not sustain the test of legal scrutiny. Consequently, the same stands set aside and the case stands remanded back to the Tribunal for decision of the claim petition on merits. Since the parties have already led their evidence, so the Tribunal shall decide the case expeditiously, preferably within two months from the date of appearance of both the parties, as the occurrence relates to the year 2007.

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Parties are directed to appear before the Tribunal on

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27.4.2012.

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( K.C. Puri ) 22.3.2012 Judge chugh

Randhir Kumar Alias Randhir Singh v. Ram Avtar and Ors.

Case brief

What is this about?

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Randhir Kumar Alias Randhir Singh v. Ram Avtar and Ors.

Case brief

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