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Patna High Court · body

2014 DIGILAW 493 (PAT)

Anita Devi v. Krishna Sharma

2014-04-23

AMARESH KUMAR LAL

body2014
ORDER The claimants have preferred this appeal against the judgment and award dated 30.4.2011 and 13.5.2011 respectively passed by the learned Motor Vehicle Claim Tribunal-cum- Additional District Judge-II, Munger in Claim Case No. 63 of 2008 by which the claim petition has been dismissed and it has been held that the insurer of the offending vehicle will be entitled to get back Rs.50,000/- (ad interim compensation) from the claimants. 2. Heard learned counsel for the appellants and learned counsel for the Insurance Company. 3. It appears from the impugned judgment that it is the case of the insurer (respondent nos. 3 and 4) that the deceased Mantu Yadav and Murari Yadav were travelling on the roof/hood of the truck. Whether there is contributory negligence on the part of the deceased. Whether the offending vehicle had proper route permit. Whether the deceased was the owner/representative of the owner of the cattle/goods. Whether the owner of the goods was insured under the insurance policy. 4. These are the vital issues for proper adjudication of this claim case. These issues have not been framed by the learned Tribunal. 5. It is settled principle of law that framing of issues are essential part of adjudication in view of Rules 236, 237 of Bihar Motor Vehicles Rules, 1992 and Rules 16, 17 and 19 of Bihar Motor Vehicles Accident Claims Tribunal Rules, 1961. 6. It is better to reproduce the relevant Rules:- “Bihar Motor Vehicles Rules 1992 Rule 236. Framing of issue.- After considering any written statement and the result of any examination of the parties, the Claims Tribunal shall ascertain upon what material propositions of fact or of law the parties are at variance and shall proceed to frame and record the issue upon which the right decision of the case appears to it to depend. Rule 237. Determination of issue;- After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce. Bihar Motor Vehicles Accident Claims Tribunal Rules, 1961. 16. Framing of issues- After considering any written statement, the evidence of witnesses examined and the result of any local inspection, the Claims Tribunal shall proceed to frame and record the issues upon which the right decision of the case appears to it to depend. 17. Bihar Motor Vehicles Accident Claims Tribunal Rules, 1961. 16. Framing of issues- After considering any written statement, the evidence of witnesses examined and the result of any local inspection, the Claims Tribunal shall proceed to frame and record the issues upon which the right decision of the case appears to it to depend. 17. Determination of issues.- After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce. 19. Judgment and award of compensation.- (1) Claims Tribunal, in passing orders, shall record concisely in a judgment the findings on each of the issues framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurer and also the person or persons to whom compensation shall be paid.” 7. Considering the facts and circumstances of this case, it appears that the impugned order is not fit to be sustained, it is set aside. The case is remanded to the learned Tribunal for fresh consideration after framing of issues in view of the discussions made above and giving liberty to all the parties to adduce their evidence in support of their case. 8. With the aforesaid observation and direction, this appeal stands disposed of. 9. Let the record be transmitted to the court below.