The High Court set aside an impugned order dismissing a petition to reopen a Motor Accidents Claims Tribunal case to mark crucial documents. The court remanded the matter to pass a speaking order with reasons due to the cryptic nature of the dismissal.
Impugned order set aside; matter remitted to the Tribunal below to pass a speaking order with reasons.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE G.CHANDRAIAH
C.R.P.NO.4999 OF 2009
O R D E R
Heard both the counsel.
2. Aggrieved by the order dated 2-9-2009 passed by the Motor Accidents Claims Tribunal (Principal District Judge), Nizamabad in I.A.No.2194 of 2009 in O.P.No.823 of 2006 in dismissing the petition to reopen the case to mark certain documents, the claimants filed the present revision.
3. The impugned order reads as under:
“Heard. Petition is dismissed since it is filed at the stage of arguments.”
4. From the material on record it could be seen that the claimants who are the wife, children and mother of the deceased, who died in a road accident, filed claim petition in O.P.No.823 of 2006 claiming compensation. The case of the claimant no.1 who is the wife of the deceased and who was examined as P.W.1 is that she could not mark certain documents in her chief examination and the said documents are crucial to prove her case. In the affidavit filed in support of the I.A.No.2194 of 2009, there is no description of the documents, which the claimants intend to mark. Before this court, the learned counsel for the petitioners filed an affidavit stating that the petitioner intents to mark (1) first information report, (2) report of the postmortem, (3) Indu C.T. Scan report and (4) United India Insurance company Ltd., policy. In
the affidavit it is stated that the documents sought to be marked, were obtained only in the month of September, 2009 and hence they could not filed along with the claim petition.
5. The impugned order is cryptic and no reasons are assigned by taking into consideration the beneficial nature of legislation. Therefore, without expressing any opinion on the merits of the impugned order, I feel it just and proper to remand the matter to pass a speaking order with reasons by duly considering the case of the claimants.
6. Accordingly the impugned order is set aside and the matter is remitted to the court below to pass orders afresh..
7. The revision is accordingly disposed of. No costs.
AVS -----------------------------------20—04--2010
2 issues framed by the court
Whether to allow the revision challenging the dismissal of the petition to reopen the case to mark crucial documents in a Motor Accidents Claims Tribunal proceeding.
Whether the impugned order dismissing the petition for lack of reasons should be set aside and remanded to pass a speaking order.
1 provisions across 1 enactments
Claimants (Wife, children and mother of deceased)
Respondent (State Corporation/Motor Accidents Tribunal)
G. CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
