Suman Lata v. Pepsu Roadways Transport Corporation
2018-01-12
AVNEESH JHINGAN
body2018
DigiLaw.ai
JUDGMENT Mr. Avneesh Jhingan, J.: (Oral) - The present appeal has been filed against the award dated 18.02.1993 passed by the Motor Accident Claims Tribunal, Sangrur (for short, ‘the Tribunal’). 2. An accident took place on 08.04.1985. As a result of the accident, nine claim petitions were filed under the Motor Vehicles Act, 1988 (for short, ‘the Act’). Six petitions were allowed and three were dismissed. The appellants are legal heirs of Harvinder Kumar, who lost his life in the accident. Their claim petition (File No.7 of 3.5.1989) was dismissed by the Tribunal on the ground that they failed to prove that they were legal heirs of Harvinder Kumar. 3. Learned counsel for the appellants argued that the appellants are the legal heirs of deceased Harvinder Kumar and the Tribunal erred in dismissing their claim petition. 4. In spite of service, nobody has appeared on behalf of the respondents. 5. From a perusal of the award, it is evident that no issue was framed that “whether the claimants were legal heirs of the deceased?” Rather the issue was framed “whether the claimants were dependents of deceased Harvinder Kumar?” 6. Without providing an opportunity to the appellants to prove that they were legal heirs of deceased Harvinder Kumar, the claim petition was dismissed. In such circumstances, it is deemed appropriate that the matter is remitted back to the Tribunal to decide File No.7 of 1989 afresh, after affording opportunity to the appellants to prove that they were legal heirs of the deceased and were entitled to compensation. It is needless to say that before deciding the said issue, opportunity would be afforded to the respondents as well. 7. The appellants are directed to appear before the Tribunal on February 12, 2018. The Tribunal would issue notices to the respondents. 8. Appeal is, accordingly, disposed of.