Case Note & Summary
The appellant, Thakor Sureshji Hajurji, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs.5,00,000/- for injuries sustained in a motor accident on 02.10.2011. He claimed that while travelling as a pillion rider on a motorcycle, a metador driven rashly and negligently by respondent no.1 dashed the motorcycle from behind, causing him serious injuries. The Motor Accident Claims Tribunal (Main), Mahesana, dismissed the claim petition in MACP No.591/2011 by judgment and award dated 19.09.2018, solely on the ground that the claimant failed to prove he was a pillion rider on the motorcycle. Aggrieved, the claimant appealed to the High Court of Gujarat. The High Court heard the counsels for both sides. The appellant's counsel argued that the Tribunal erred in not deciding the issue of negligence and that the injury certificate corroborated the accident. The respondent's counsel supported the Tribunal's finding. The High Court observed that the Tribunal dismissed the petition without adjudicating negligence or quantum, which was improper. The Court set aside the impugned judgment and award and remanded the matter to the Tribunal for fresh adjudication on both negligence and compensation, directing the Tribunal to decide the claim petition afresh after hearing all parties. The appeal was allowed accordingly.
Headnote
A) Motor Accident Claims - Negligence - Pillion Rider - The Tribunal dismissed the claim petition on the ground that the claimant failed to prove he was a pillion rider on the motorcycle, without deciding the issue of negligence or quantum. The High Court held that the Tribunal ought to have adjudicated the issue of negligence based on the evidence on record, and remanded the matter for fresh consideration. (Paras 1-9) B) Motor Accident Claims - Remand - Fresh Adjudication - The High Court set aside the impugned judgment and award and remanded the matter to the learned Tribunal for fresh adjudication on the issue of negligence as well as compensation, directing the Tribunal to decide the claim petition afresh in accordance with law, after giving opportunity of hearing to all concerned parties. (Paras 9-10)
Issue of Consideration
Whether the learned Tribunal erred in dismissing the claim petition solely on the ground that the claimant failed to prove he was a pillion rider, without adjudicating the issue of negligence and quantum of compensation.
Final Decision
The appeal is allowed. The impugned judgment and award dated 19.09.2018 passed by the learned Motor Accident Claims Tribunal (Main), Mahesana in MACP No.591/2011 is set aside. The matter is remanded back to the learned Tribunal for fresh adjudication on the issue of negligence as well as compensation. The learned Tribunal shall decide the claim petition afresh in accordance with law, after giving opportunity of hearing to all concerned parties. No order as to costs.
Law Points
- Motor Accident Claims
- Negligence
- Pillion Rider
- Remand
- Compensation
