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Himachal Pradesh High Court · body

2016 DIGILAW 1500 (HP)

Shyam Lal v. Reeta Devi

2016-07-27

TARLOK SINGH CHAUHAN

body2016
JUDGMENT : Tarlok Singh Chauhan, J. The instant appeal under Section 173 of the Motor Vehicles Act is directed against the award passed by learned Motor Accident Claims Tribunal, whereby the claim petition filed by the petitioners (hereinafter referred to as ‘respondents 1 to 3’) has been allowed and awarded a sum of Rs.8,83,000/- along with interest at the rate of 9% per annum. 2. The precise grievance of the appellant is that in terms of the aforesaid award, liability has been fastened upon him on the ground that he was not holding a valid and effective licence and that the vehicle, on the date of accident, i.e. 24.10.2011, was being driven without any valid documents. It has further been argued that the appellant had engaged a counsel to defend his case before the Tribunal and reply on his behalf was also filed. However, after the evidence of the claimants had been recorded, the case was listed on various dates for the evidence of the appellant, but counsel absented himself and even on 19.6.2014, counsel did not appear and consequently the appellant was proceeded ex parte and a colossal award of Rs. 8,83,000/- along with 9% interest came to be fastened upon him. I have heard the learned counsel for the parties and have gone through the material placed on record. 3. Taking into consideration the nature of the order I propose to pass, it is not at all necessary to delve into the facts of the case. Suffice it to say that it is more than settled that once a person engages a counsel, his botheration goes and it is the duty of the counsel to take care of the case. 4. Reference in this regard can conveniently be made to the judgment rendered by the Hon’ble Supreme Court in Rafiq & anr Vs. Munshi Lal & anr, (1981) 2 SCC 778, wherein it was held as follows: “3. The disturbing feature of the case is that under our present adversary legal system where the parties generally appear through their advocates, the obligation of the parties is to select his advocate, brief him, pay the fees demanded by him and then trust the learned advocate to do the rest of the things. The party may be a villager or may belong to a rural area and may have no knowledge of the court's procedure. The party may be a villager or may belong to a rural area and may have no knowledge of the court's procedure. After engaging a lawyer, the party may remain supremely confident that the lawyer will look after his interest. At the time of the hearing of the appeal, the personal appearance of the party is not only not required but hardly useful. Therefore, the party having done everything in his power to effectively participate in the proceedings can rest assured that he has neither to go to the High Court to inquire as to what is happening in the High Court with regard to his appeal nor is he to act as a watchdog of the advocate that the latter appears in the matter when it is listed. It is no part of his job…..” 5. At this stage, I may refer to another decision of the Hon’ble Supreme Court in Secretary, Department of Horticulture, Chandigarh & anr Vs. Raghu Raj, (2008) 13 SCC 395 , wherein it was observed as under: “24. At the same time, however, when a party engages an advocate who is expected to appear at he time of hearing but fails to so appear, normally, a party should not suffer on account of default or non-appearance of the advocate”. 6. Applying the ratio of the aforesaid cases, it is absolutely clear that no client can be made to suffer for no fault of his, especially when he has engaged a counsel. 7. Apart from the above, it may be noticed that the appellant has moved an application under the provisions of order 41 Rule 27 CPC and along with the application, a number of documents have been filed to prima facie show that the appellant had a valid and effective driving licence and further the vehicle was being plied with proper documents. 8. However, without commenting upon the authenticity or veracity etc of the documents so annexed, I feel the interest of justice would be sub served in case the matter is sent back to the learned Tribunal with a direction to allow the appellant to place on record and prove the documents in accordance with law. Ordered accordingly. 9. 8. However, without commenting upon the authenticity or veracity etc of the documents so annexed, I feel the interest of justice would be sub served in case the matter is sent back to the learned Tribunal with a direction to allow the appellant to place on record and prove the documents in accordance with law. Ordered accordingly. 9. However it is made clear that while taking into consideration these documents, only finding regarding liability to pay the award would be re-determined and all other issues including the quantum of compensation, already determined in favour of the claimants, would not be disturbed. 10. The parties, through their counsel are directed to appear before the Tribunal below on 16.8.2016. 11. Since the claim petition has been filed in the year 2012, the Tribunal below shall make all endeavours to decide the petition as expeditiously as possible and in no event later than 31st December, 2016. The appeal is disposed of in the aforesaid terms leaving the parties to bear their cost.