ANANDA DATTATRAYA PATANKAR Vs. KISHORE NARAYAN PATIL

JUDGEMENT

(1.) AS a very short point stands for adjudication, this appeal is hereby decided finally at motion hearing stage. On 6-8-98 at about 9. 40 p. m. at Vita-Khanapur Road when respondent No. 1 was getting down from rickshaw, a motor cycle bearing No. l MAL-3239 which was driven by respondent No. 2 gave a dash to respondent No. 1. On account of that accident, respondent No. 1 sustained injuries resulting into fracture. The claimant alleged that he sustained 17% permanent disability on account of the said accident. The said vehicle was owned by the appellant.

(2.) AN application was moved by respondent No. 1 for getting the interim compensation in view of provisions of section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as M. V. Act for convenience) basing his claim on no fault liability doctrine. The insurance company disowned the liability of paying the compensation to the victim contending that the insurance cover expired on 5-8-1998. The appellant contended that a cheque was sent to insurance company for paying the due instalment for renewing the existing insurance policy which he was having in respect of the said vehicle. On this point, the owner of the vehicle i. e. the appellant and the insurance company are at daggers drawn against each other. The grievance of the present appellant is that though the appellant had filed a written statement, the concerned M. A. C. T. did not consider it while passing the interim Award in view of provisions of section 140 of the M. V. Act.

(3.) WHEN a debatable question is arising for adjudication, the Court should be liberal in permitting a party to file a written statement if that party is not indolent and there are no grounds for denying an opportunity to such a party to file a written statement. For penalising such party for delay or undue delay, some costs can be saddled. Shri Patil further submitted that when the matter was placed for hearing before the M. A. C. T. , his lawyer was not present for pressing the contentions raised by the appellant. The courts and Tribunals are not expected to ignore the contentions of the parties expressed by the written statements. It should consider them.