MAYA DEVI Vs. VIJENDER SINGH

JUDGEMENT

(1.) THE appeal is against the dismissal of petition seeking for compensation for death in a motor accident. The claimant did no more than file FIR and the chargesheet against the driver of the alleged vehicle involved in the accident. The Tribunal felt it was insufficient to hold that a particular vehicle was involved in the accident. Learned counsel states that natural justice shall apply to find that it was only this vehicle which was involved in the accident by virtue of the fact that crimmal case has been registered. While the Police complaint could be corroborative of the fact of involvement of the vehicle which is brought through evidence before the Tribunal, the institution of criminal case itself cannot dispense in the proof of what the claimant must definitely undertake before the Tribunal and establish in order that the compensation is awarded. The burden may be light, but it exists all the same.

(2.) IF the Tribunal had found that there was no proof of the involvement of the vehicle which was, in some sense justified. The criminal case is still said to be pending. The claimant is bound to examine at least the investigating officer to elicit the basis on which it was possible for the police to state that this particular vehicle was involved in the accident. Even the Tribunal is not without any power in a case where the claimant has difficulties about securing the attendance of the driver and the owner. It has been recently held in a decision of the Hon 'ble Supreme Court in Raj Kumar V/s. Ajay Kumar , in Civil Appeal 8991 of 2010:(2010) 12 SCALE 265, that the duty of the Court in all cases relating to motor accident cases shall be to ensure that appropriate evidence is brought and that Court shall undertake to elicit the appropriate details, even if the claimant is unable to produce. Certain pro -active approach is necessary by the Tribunal in cases where either the party does not get appropriate advice or they are handicapped in some way by illiteracy and indigency in prosecuting the case by bringing the Court appropriate evidence. The Tribunal itself shall probe the nature of evidence collected by the investigating officer in order to lay a chargesheet against the driver and see whether the involvement of the particular vehicle could be established. The Tribunal shall also be competent to secure the presence of the driver or the owner in Court by process of summons and will have all the powers to examine the witness by virtue of power granted to a Court under Section 165 of the Indian Evidence Act.

(3.) THE impugned order is set aside and the matter is remitted to the Tribunal for fresh consideration and shall dispose of in accordance with law and the in the light of observations made above.