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2008 DIGILAW 144 (JK)

Union Of India v. Ishfaq Ahmad Ahangar

2008-04-24

MANSOOR AHMAD MIR

body2008
1. Ali Mohammad Ahangar, father of the respondent Ishfaq Ahmad Ahanger (minor), has knocked the doors of Motor Accident Claims Tribunal, Srinagar on 23rd of March, 1999 for grant of compensation to the tune of Rs.20 lakhs in favour of Ishfaq Ahmad Ahanger, who sustained injuries in a road traffic accident. 2. The granting of compensation is just to ameliorate the sufferings of the vehicular accident. The procedural technicalities, wrangles and tangles have no role to play. It is the duty of the tribunal and all courts to see that the claim petitions are decided as early as possible otherwise delay takes away the sittings of law and the case in hand is its example. It appears that delay has crept in disposal of the claim petition as disclosed in the minutes of the claim petition/ record during pendency of the petition. And unfortunately the father - Ali Mohammad Ahanger too lost his life in a road traffic accident and Mst. Shariefa - mother of the victim came to be substituted. Facts: 3. An army vehicle was being driving by its driver rashly and negligently on 23rd of July, 1998 and hit minor of six years age, namely, Ishfaq Ahmad Ahanger, who sustained injuries. He was taken to Bone and Joint Surgery Hospital, Baramulla, wherefrom he was referred to SKIMS (Sher-i-Kashmir Institute of Medical Sciences) Soura but despite of all medical treatment, the minor is rendered permanently disabled and handicapped for rest of his life in terms of EXPM. The offending vehicle after causing accident ran away along with the vehicle. The respectable persons of the locality approached the appellants who assured them to rehabilitate the injured and to provide full assistance by all in vain. FIR No. 86/98 came to be lodged in P/S Pantha Chowk. 4. Respondents appeared but failed to file reply. The tribunal was constrained to close the defence of the appellants vide order dated 28th of October 1999. It is apt to reproduce the said order herein: This case is hanging in this Tribunal from 23-3-1999 without any positive hearing due to the lapse and laches of the respondents. The respondents have failed to satisfy the interim order and have also failed to file written statement. More than seven opportunities stands granted to the ld. It is apt to reproduce the said order herein: This case is hanging in this Tribunal from 23-3-1999 without any positive hearing due to the lapse and laches of the respondents. The respondents have failed to satisfy the interim order and have also failed to file written statement. More than seven opportunities stands granted to the ld. Counsel for the respondents for filing the written statement, but they have not availed them for the reasons best known to the Id. Counsel for the respondents. A speaking and a detailed order has been passed on 29-9-1999 whereby last opportunity stands granted to the respondents for filing the written statement and in default the order is to be passed in terms of order 8 Rule 10 C.P.C. Today. Mr. Hakak has failed to file written statement. Thus, this Tribunal is constrained to exercise powers under Order 08 Rule 10 C.P.C. Keeping in view the minutes of the file I hereby close the defence of the respondents and direct the petitioner to prove the case by leading evidence. Let the file now come up on 25-11-1999. 5. Claimant examined witnesses, namely, Mohammad Ashraf Ahanger, Ghulam Mohammad Ahanger, Abdul Rashid, Mohammad Yousuf Ahanger, Khurshid Ahmad Kangoo-Assistant Professor, Bone and Joint Hospital, Barzulla, Dr. Mushtaq Ahmad Mir and HC Ghulam Qadir, IO. 6. All the witnesses examined by the claimant have deposed that army vehicle which was being driven by its driver rashly and negligently hit claimant at Khonmoh on 23rd of July, 1998 who sustained injuries and rendered him permanently disabled and became permanently handicapped for ever. 7. HC Ghulam Qadir Investigating Officer has deposed that he had conducted investigation and after conducting investigation he came to the conclusion that accident was solely because of the rash and negligent driving of the army vehicle. He was cross examined at length by the learned counsel for the appellant and has categorically stated in the cross examination also that the accident was caused by an army vehicle. 8. Dr. Khurshid Ahmad Kangoo has deposed that he has issued the certificate dated 19th May,1998 under No. 879-EXP/M. Injured is suffering from permanent disability of both sides and cannot act as a normal man and has to go for further surgery in future. The injuries have affected his earning capacity. He also requires attendant and has to live on crutches. 9. Dr. The injuries have affected his earning capacity. He also requires attendant and has to live on crutches. 9. Dr. Mushtaq Ahmad Mir has deposed that he had issued certificate EXPW/MI. 10. Respondents have examined Sobedar R.A. Sah in defence, who has categorically deposed that he has no knowledge that whether on 23.07.1998 any child was hit by any army vehicle. 11. The averments contained in the claim petition have remained un-rebutted. The defence of the appellant stands closed vide order (supra) and that order has attained finality for the reasons that respondents have not challenged the same. Only on this count the appeal merits to be dismissed. However, claimant has examined witnesses and were cross examined by the learned counsel for the appellants at length but he failed to shatter their evidence. There is sufficient and cogent evidence that army vehicle was being driven by its driver rashly and negligently and hit the claimant - minor who sustained injuries rendering him permanently disabled. Thus, tribunal has rightly held that army vehicle was being driven by its driver rashly and negligently and hit the minor child, Ishfaq Ahmad Ahanger, rendering him permanently disabled. 12. The learned counsel for the appellant has not seriously questioned the quantum of compensation awarded by the tribunal. However, I have gone through the assessment made by the tribunal in terms of the impugned award. Admittedly, minor was 6 years of age at the time of accident and it is proved by the claimant beyond any doubt that he has sustained injuries and rendered him permanently disabled and handicapped forever. 13. Keeping in view the medical opinion, photographs of the injured on the tribunal file, age of the victim and the fact that petitioner has become permanently disabled has to remain dependent on attendant throughout, the compensation awarded is too meager but the respondent-claimant has neither challenged the quantum by the medium of appeal nor filed cross objections. 14. In the given circumstances, I am of the considered view that impugned award needs no interference and is maintained. Accordingly, the appeal is dismissed with costs of Rs. 5,000/- to be paid to the minor. 15. Appeal dismissed. Send down the record along with a copy of this judgment.