Minor Nishaben Anilkumar Chauhan v. Narsimharao Narsi Halu
1998-12-19
S.K.KESHOTE
body1998
DigiLaw.ai
ORDER : S.K. Keshote, J. It is an unfortunate case where firstly these two claimants have lost their father in a motor accident and thereafter during the pendency of the motor accident claims case, before the Motor Accident Claims Tribunal, Nadiad, they lost their mother also. Now they are represented through their grand-father who is aged 70 years. 2. In this M.C.A., prayer has been made for transfer of Motor Accident Claims Petition No.679 of 1994 from the Court of Motor accident Claims Tribunal, Nadiad, to Motor Accident Claims Tribunal, Vadodara. 3. The learned counsel for the petitioners does not dispute that the respondents No.1 and 2 who are the driver and owner respectively of the offending truck in the accident have not been served so far. These two persons hail from Andhra Pradesh and in ordinary course, it appears to be very very difficult to serve them by Summons of the claim-petition. Unless these two persons are served with the Summons of Notices of the Motor Accident Claim Petition, otherwise also, the claim petitioner could not have been decided by the Tribunal and that appears to be one of the reason for delay in disposal thereof. I am constrained to observe that the learned counsel for the petitioner has also not cared to see that this Motor Accident Claim Petition of year 1994 becomes ripe at an early date, otherwise he should have taken help of the State Legal Services Authority for bearing out expenses of publication of notices of these two unserved respondents in some regional local newspaper of Andhra Pradesh. These two petitioners are minors and they are clearly falling under the category of eligible persons for getting legal services under the State Legal Services Authority Act, 1987. It is really shocking that the learned Tribunal, Nadiad, has also not taken care of the situation and for all these years, this Motor Accident Claims Petition is pending awaiting service of notices of the same on these two respondents. Delay caused in such matters heavily comes and also is painful for these minor dependents of deceased in a motor vehicle accident. It should have been endeavour from all the corners, i.e. the learned counsel for the petitioner and the Tribunal to see that this category of cases are expeditiously disposed of.
Delay caused in such matters heavily comes and also is painful for these minor dependents of deceased in a motor vehicle accident. It should have been endeavour from all the corners, i.e. the learned counsel for the petitioner and the Tribunal to see that this category of cases are expeditiously disposed of. Whatever the obstacles and hurdles come in the way of the Tribunal to decide the matter expeditiously should be taken care of and all possible efforts should be made to remove the same. In this case, it would not have been difficult for the Tribunal to ask for substituted service of notice of these unserved respondents in the Motor Accident Claims Petition by publication thereof in local regional newspaper of Andhra Pradesh at the expenses of District Legal Service Authority. This should have been done at the initial stage and in case it would have been done then by this time this claim petition would have been disposed of. 4. Mere transfer of this petition from Nadiad to Vadodara will not serve the purpose. Inconvenience of the litigants to go to Nadiad has been made a ground for transfer. Similarly, amendment in Section 166 of the Motor Vehicles Act, 1988, is normally another ground which is used to be pressed in service by advocates in this category of cases. But the transfer of case from one District to another District may not be the solution of the problem. Solution of problem lies only to overcome the delay which is being caused in disposal of this category of cases. The real grievance appears to be delay in disposal of this petition and on being asked by the Court the learned counsel for the petitioners is unable to satisfy this Court how this transfer will be of any use, substance and solution in the matter. It is understandable that the person who is representing these minors is aged 70 years and he may have little bit inconvenience to go to Nadiad but it is equally true that on all the dates to be fixed in the case his presence is not necessary. His presence will be required only on the date on which the matter is fixed for recording of statements of claimants and his witnesses or on the date on which the cross-examination of witnesses to be produced by respondents is fixed.
His presence will be required only on the date on which the matter is fixed for recording of statements of claimants and his witnesses or on the date on which the cross-examination of witnesses to be produced by respondents is fixed. So these are the matters of three or four days in total. Then comes the to and fro expenses to be borne by the claimants for visiting Nadiad. In this category of cases, the Tribunals are awarding costs of litigation. So that is also not a serious matter. However, the complaints are coming from different corners that on the date the matters are fixed for recording statements of claimants and their witnesses, the same are being adjourned. That may be a matter of complaint and causing inconvenience to the litigations also. Though I do not find it to be a fit case for transfer of this Motor Accident Claims Petition from Nadiad to Vadodara, this M.C.A. deserves to be disposed of in the terms: (a) The Motor Accident Claims Tribunal, Nadiad, is directed to see that the unserved respondents, i.e. the driver and the owner of the offending truck staying at Andhra Pradesh are being served immediately. For serving them with the summons of the Motor Accident Claims Petition, the Tribunal is directed to take financial help from the District Legal Services Authority and notices of these two persons may be published in some local regional newspaper of Andhra Pradesh having wide circulation. (b) After these two persons are served, the matter may be placed for recording statements of the claimants and their witnesses. It is made clear that on the date on which this matter is fixed for recording statements of claimants and their witnesses, it should not be adjourned to another date. However, in the case of exceptional and unavoidable circumstances, if the court is satisfied to adjourn this matter on the request of either of the respondents, then only the adjournment should have been with the condition of payment of costs to the claimants and witnesses for compensation of expenses which they incur in coming to the Court and returning back to their homes. Similarly, strictness has to be followed in a case where the matter is fixed for recording statements of respondents.
Similarly, strictness has to be followed in a case where the matter is fixed for recording statements of respondents. (c) This claim application shall be decided within a period of three months from the date on which the respondents No.1 and 2 are served with the notices of claim petition by substituted service of publication thereof in any local newspaper as aforesaid. 5. This Misc. Civil Application stands disposed of in aforesaid terms. Order accordingly.