GHASNIN BAI Vs. NEW INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal arises out of the award dtd. 30/3/2015 passed by the 2nd Additional Motor Accident Claims Tribunal, Korba in MACT No.24/2014, whereby the claim of the appellants to the tune of Rs.22,30,000.00 with 18% per annum for loss of life of the deceased Bhagwat Prasad Sahu has been rejected by the learned Tribunal, against which the present appeal has been filed.

(2.) Brief facts of the case are that on 30/12/1993, when the deceased Bhagwat Prasad Sahu was riding his motorcycle bearing Registration No.MBR-6097, the offending vehicle bearing Registration No.MPL-8098 driven by Ravi Kumar Singh (died during trial) hit the motorcycle of the deceased due to rash and negligent driving of him, as a result of which the deceased sustained severe injuries, thereafter he was hospitalized in Korba Hospital, where he died, which resulted into filing of the claim petition before the 2nd Additional Motor Accident Claims Tribunal, Korba on the ground that since the deceased was the regular employee of NTPC and was posted at Jamnipali, Darri, therefore, the total claim of Rs.22,30,000.00 on various heads with 18% per annum be awarded in favour of the appellants. The claim petition filed by the appellants was dismissed as barred by limitation vide order dtd. 4/7/2003 in Claim Case No.58/2002, against which the appeal bearing MA No.819/2003 was preferred before this Court. The said appeal was allowed in part and the matter was remitted to the Tribunal to decide the claim of the appellants on merits. The learned Tribunal in the second round of litigation considered and rejected the claim of the appellants on merits vide order dtd. 30/3/2015 (Annexure-A/1), against which the present appeal has been filed.

(3.) Learned counsel for the appellants submits that the appellants/claimants moved an application on 27/4/2013 to get certified copy of the charge sheet and other documents of criminal case against driver Ravi Kumar pending before the CJM, Korba, but even after lapse of 7 months, he did not get certified copy of the charge sheet and other documents. Thereafter, the application of the appellants preferred before the Tribunal to summon the records/documents i.e. certified copy of charge sheet and other documents relating to Crime No.907/1993 registered at Police Station Kotwali, Korba against the driver of the offending vehicle for the purpose of adducing evidence before the Tribunal, has wrongly been rejected by the learned Tribunal and consequently petition of the appellants has been dismissed without providing opportunity of adducing evidence holding that number of opportunities have already been granted to the appellants to adduce evidence and file documents, but the appellants have failed to do so. The appellants in their all sincerity tried to find out the documents of challan, but the Police has also not given the copy of challan. The learned Tribunal also refused to summon the documents and outrightly dismissed the application of the appellants. He further submits that in absence of any documents, evidence cannot be adduced. Therefore, the present appeal be allowed and the appellants be awarded compensation for loss of life of Bhagwat Prasad Sahu.