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2024 DIGILAW 105 (RAJ)

Multan v. Shravan Kumar

2024-01-16

MADAN GOPAL VYAS

body2024
JUDGMENT : Madan Gopal Vyas, J. The present civil misc. appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants-claimants against the judgment and award dated 04.06.2012 passed by the learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali (hereinafter referred to as the learned Tribunal) in Motor Accident Claim Case No.81/2009 whereby the learned Tribunal dismissed the claim petition filed by the appellants-claimants. 2. Learned Counsel for the appellant submits that the learned Tribunal while passing the impugned judgment and award has acted in total disregard to the evidence available on record and the established principles of law. It is submitted that the learned Tribunal dismissed the claim petition of the appellants-claimants only on the ground that the wife of the deceased was a necessary party in the claim petition however, she was not impleaded as a party. It is further submitted that in the re-examination, the appellants-claimants categorically admitted that the deceased was married in childhood and the wife of deceased never came to their house. It is thus submitted that the finding of learned Tribunal on Issue Nos. 3 and 5 is liable to be set aside. 3. In view of the above, learned Counsel submits that the impugned judgment and award deserves to be quashed and set aside and the matter may be remanded back for deciding the same afresh on its merits. 4. Despite service, no one appeared on behalf of respondent nos. 1 and 2. 5. Learned counsel appearing for the respondent-Insurance Company opposed the prayer made by the learned counsel for the appellants-claimants. It is submitted that the judgment and award passed by the learned Tribunal is well reasoned and therefore, the appellant is not entitled for any relief. 6. Having considered the rival submissions of learned counsel for the parties and after perusing the impugned judgment dated 04.06.2012, this Court is of the opinion that the learned Tribunal while passing the impugned judgment has acted in a hyper-technical manner in dismissing the claim petition. Motor Vehicles Act is a welfare legislation, the purpose of which is to mitigate the sufferings of victims of motor accidents. Learned Tribunals while deciding claim petitions are not bound by strict rules of procedure. It is expected of learned Tribunals to adopt a more practical and liberal approach while deciding claim petitions. 7. Motor Vehicles Act is a welfare legislation, the purpose of which is to mitigate the sufferings of victims of motor accidents. Learned Tribunals while deciding claim petitions are not bound by strict rules of procedure. It is expected of learned Tribunals to adopt a more practical and liberal approach while deciding claim petitions. 7. The claimants herein are the parents of the deceased who are his Class I heirs. They are his dependants. In absence of the wife of deceased being impleaded as a party, the Tribunal has erred in dismissing the claim petition in its entirety. Learned Tribunal, while adopting a hyper-technical approach has acted in disregard to the purpose of Motor Vehicles Act. 8. In view of the above, this Court is of the opinion that the impugned judgment and award dated 04.06.2012 is unsustainable in the eyes of law and thus, deserves to be quashed and set aside and the matter deserves to be remanded back to the learned Tribunal to decide the same afresh in light of the discussions made herein above. 9. Accordingly, the present civil misc. appeal is allowed. The impugned judgment and award dated 04.06.2012 passed by the learned Tribunal In Claim Case No. 81/2009 is quashed and set aside and the matter is remanded back to the learned Tribunal to decide the same afresh after providing proper opportunity of hearing to all the parties. 10. The learned Tribunal is directed to decide the matter afresh within three months from the date of receipt of the certified copy of this order. 11. All the parties are directed to appear before the learned Tribunal on 05.02.2024. 12. A copy of this order alongwith the record of the learned Tribunal be sent to the learned Tribunal forthwith.