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Tripura High Court · body

2018 DIGILAW 164 (TRI)

Pinki Rani Roy D/O. Shri Vivekananda Roy v. Rekha Roy Chowdhury, W/O. Dr. Goutam Roy Chowdhury

2018-06-22

ARINDAM LODH

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JUDGMENT AND ORDER : This is an appeal preferred by the appellant under Section 173(1) of Motor Vehicles Act, 1988 against the order dated 19.07.2016 in connection with Case No. T.S. (MAC) 467 of 2013, wherein the learned Tribunal disposed the claim application with nil award. 2. On perusal of the order dated 19.07.2016, it is found that the learned Tribunal had dismissed the claim application on the ground that, though several opportunities were provided, the claimant did not take proper steps. The learned Tribunal has held that as there was no evidence on record to substantiate the claim of the claimant-petitioner, the factual matrix of the accident as well as the claim were not proved. So he disposed of the claim application with nil award. 3. Being aggrieved by the said order dated 19.07.2016 the claimant-appellant has approached this Court. 4. Mr. A Nandi, learned counsel appearing on behalf of the appellant submits that during the proceedings before the Tribunal, Mr. S.K. Datta, learned counsel was the conducting lawyer, who had been suffering from serious illness and was out of station for 2/3 years and for that reason appropriate steps could not be taken. 5. He further submits that the fault of the lawyer cannot be a reason to deprive a claimant, in a motor accident case, from getting his legitimate claim. He also submits that there is a well known maxim ‘actus curiae neminem gravabit’ and following the maxim, a learned counsel is also an officer of this Court. The maxim means that ‘a litigant should not suffer due to the act of the Court’. 6. The Motor Vehicles Act is a beneficial legislation. According to me, the Court should not be so harsh so as to deprive a claimant, who has suffered grievous injury due to accident. On consideration of the aforesaid aspects of the case, I am inclined to remit back the matter to the learned Tribunal to commence the trial from the stage of production of necessary documents relevant to the case and evidence thereon. All opportunities shall be provided to the respondent-opposite parties to the claim application. The Tribunal shall take up the matter just after receipt of the records as well as the copy of the order of this Court. 7. In my opinion, the order dated 22.06.2018 passed by the Tribunal needs interference and accordingly, the order dated 22.06.2018 is set aside. All opportunities shall be provided to the respondent-opposite parties to the claim application. The Tribunal shall take up the matter just after receipt of the records as well as the copy of the order of this Court. 7. In my opinion, the order dated 22.06.2018 passed by the Tribunal needs interference and accordingly, the order dated 22.06.2018 is set aside. 8. Registry is directed to transmit a copy of this order to the learned Tribunal and the Tribunal is further directed to complete the entire proceeding within a period of 3(three) months from the date of receipt of the records. 9. It is made clear that the Tribunal shall after receipt of the records, issue notice upon the parties for their appearance before it and shall proceed with the case, as per law. 10. With these observations and directions, the instant appeal is allowed and stands disposed of. Send back the LC records.