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Rajasthan High Court · body

2003 DIGILAW 1251 (RAJ)

Girraj Prasad v. Qamar Ali Begh

2003-09-05

SHIV KUMAR SHARMA

body2003
Judgment Shiv Kumar Sharma, J.-The claimant in the instant writ petition has impugned the Order dated 211.2002 passed by the learned Judge, Motor Accidents Claims Tribunal, Dausa whereby the claim application of the petitioner was dismissed summarily by the learned Tribunal on the ground of non-pro secution. 2. It appears that PF and notices were not filed by claimant and on this ground learned Motor Accidents Claims Tribunal, Dausa taking harsh view dismissed the claim application. 3. I have heard the submissions advanced on behalf of the petitioner and carefully scanned the material on record. 4. A look at Sub-section (6) of Section 158 of Motor Vehicles Act, 1988 (for short ‘1988 Act’) demonstrates that as soon as any information regarding any accident involving death of or bodily injury to any person is recorded or report under this Section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer and where a copy is made available to the owner, he shall also within thirty days of the receipt of such report, forward the same to such Claims Tribunal and insurer. 5. Sub-section (4) of Section 166 of 1988 Act provides that Claims Tribunal shall treat any report of accident forwarded to it under Sub-section (6) of Section 158 as an application for compensation under 1988 Act. 6. These provisions have been incorporated by Act 54 of 1994. The intention of legislature can be gathered from these provisions according to which it is now not necessary for the claimant to appear personally before the Claims Tribunal and file claim application. In such a situation it is the duty of Claims Tribunal to proceed with the claim application and even if the claimant is not present before the Claims Tribunal or does not file PF and notices the claim application cannot be dismissed on the ground of technicalities, the path of substantial justice should not be obstructed. Learned Motor Accidents Claims Tribunal, Dausa did not properly appreciate the aforesaid provisions incorporated in the 1988 Act and committed illegality in passing the impugned Order. 7. Learned Motor Accidents Claims Tribunal, Dausa did not properly appreciate the aforesaid provisions incorporated in the 1988 Act and committed illegality in passing the impugned Order. 7. Asa result of above discussion, I allow the writ petition and set aside the impugned Order dated 211.2002 and remit the case back to the learned Motor Accidents Claims Tribunal, Dausa, to proceed with the claim application after serving the notices on the opposite party. Learned counsel for claimant-petitioner if desires, may appear before the learned Motor Accidents Claims Tribunal, Dausa on 19.2003 to seek further instruction in the matter.