NAMITA GOSWAMI Vs. HIRALAL DEBNATH

JUDGEMENT

(1.) The instant appeal is preferred against the order dated 16.09.2010 passed by the learned Member, Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala in TS (MAC) 505/2006 whereby and whereunder the learned Tribunal dismissed the claim petition of the appellant. Heard Mr. S Bhattacharjee, learned counsel for the appellants as well as Mr. Somik Deb, learned counsel for the respondent, at this admission stage.

(2.) Mr. Bhattacharjee, learned counsel for the appellants while urging for setting aside the order of the learned Tribunal, as impugned, would contend that the learned Tribunal committed error and also acted beyond his jurisdiction while passing the impugned order. He further submits that the learned tribunal dismissed the claim petition on the ground of nonappearance of the claimant petitioner with some observation on merit which is not permissible. He again submits that the Motor Vehicles Act, 1988 (for short, "Act, 1988") is enacted by the Legislature to provide certain benefits to the person who has sustained injury in a vehicular accident and the legislature considering all aspects did not prescribe any provision for dismissing a claim petition on the ground of mere non-appearance of the claimants before the Tribunal as that would frustrate the entire scheme of the Act, 1988. He also urges that before dismissing a claim petition on the ground of mere non attendance of the claimants the Tribunal should have exercised its powers vested in it under sub-section (2) of Section 169 of the Act, 1988. In the instant case, before dismissing the claim petition on default the learned Tribunal did not make any attempt for securing the attendance either of the claimants or of their witnesses for deciding the issue, as in question, he contended.

(3.) Mr. Deb while resisting the contention of Mr. Bhattacharjee would contend that though the Legislature did not enact any provision under the Act like Order IX Rule 8 of Civil Procedure Code (for short, "Code") but the Tribunal has inherent power to take the benefit of the provisions of the Code as according to sub-section (2) of Section 169 of the Act, 1988, the Claims Tribunal has all the powers of a Civil Court and the Claims Tribunal is also to be treated as a Civil court. He again submits that if the claimants fail to appear continuously then there will be no other option before the Tribunal except to dismiss the matter for default.