Case Note & Summary
The appellant, Suresh S/o Mahadev Vathar, an owner-cum-driver of an auto rickshaw, filed a claim petition before the Motor Accident Claims Tribunal – III, Vijayapura, seeking compensation for injuries sustained in a motor vehicle accident that occurred on 22.12.2013. The accident involved a motorcycle bearing No.MH-13-BK-7672, which was ridden in a rash and negligent manner on the wrong side near Vaishnavi Petrol Pump on NH-13, resulting in a collision with the appellant. The appellant sustained fracture injuries and was immediately admitted to a hospital. The Tribunal, by its judgment and award dated 26.09.2018 in MVC No.742/2014, dismissed the claim petition, apparently for default of evidence or lack of prosecution. Aggrieved by the award, the appellant filed the present appeal under Section 173(1) of the Motor Vehicles Act, 1988, praying to set aside the impugned award and to remand the matter for a fresh trial, providing an opportunity to lead further evidence. The High Court heard arguments from both sides. The appellant's counsel contended that the Tribunal did not provide a fair opportunity to the appellant to lead evidence and prove his case, including his income and the nature of injuries. The respondent insurance company opposed the appeal. The High Court, after considering the submissions, found that the appellant was indeed denied a reasonable opportunity to present his evidence. The Court held that in the interest of justice, the matter should be remanded to the Tribunal for fresh consideration, allowing the appellant to lead evidence. The impugned award was set aside, and the appeal was allowed. The Court directed the Tribunal to dispose of the matter afresh, after giving both parties an opportunity to lead evidence, and to decide the claim on its merits. No order as to costs.
Headnote
A) Motor Vehicles Act - Compensation - Denial of Opportunity - Section 173(1) Motor Vehicles Act, 1988 - Appeal against award of Motor Accident Claims Tribunal - Appellant, owner-cum-driver of auto rickshaw, sustained injuries in accident - Tribunal dismissed claim for default of evidence - High Court held that appellant was denied fair opportunity to lead evidence and prove his case - Matter remanded to Tribunal for fresh trial with opportunity to lead further evidence - Held that interests of justice require remand (Paras 1-5).
Issue of Consideration
Whether the Tribunal erred in denying the appellant an opportunity to lead evidence and whether the impugned award requires to be set aside and the matter remanded for fresh consideration.
Final Decision
Appeal allowed. Impugned judgment and award dated 26.09.2018 passed by the Motor Accident Claims Tribunal – III, Vijayapura in MVC No.742/2014 is set aside. The matter is remanded to the Tribunal for fresh disposal in accordance with law, after giving both parties an opportunity to lead evidence. The Tribunal is directed to dispose of the matter afresh on its merits. No order as to costs.
Law Points
- Right to fair hearing
- Opportunity to lead evidence
- Remand for fresh trial
- Motor accident compensation
- Section 173(1) Motor Vehicles Act
- 1988
