REENA DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) The appeals are against summary rejection of the claim petitions on the ground that the claimants had availed several opportunities for giving evidence but they were not appeared before the Court. The cases are for death and injuries suffered in a motor accident. There are no sufficient reasons for causing the delay but I take note of an existing reality that even if they were present at all times, completion of trial and passing of suitable award could not have been immediate. I think that the claimants must not be denied opportunity of giving appropriate evidence to claim what is appropriate and just.

(2.) The learned counsel for the insurance company contends that the claimants had not availed all opportunities for conducting trial and in the event of award being granted they should not be loaded with interest from the date of petition till the day when the order passed. Where the claim is made under Section 163-A of the MV Act, if the insurance company had its offer to make a payment after preliminary inquiry, I would take this to be appropriate contention. The counsel would seek for exclusion of time during the relevant period. The issue of whether there should be any exclusion will be a matter which will be considered by the Court below. As of now, I will not take an a priori decision that the claimants shall suffer any deprivation of interest during all this period. I have nothing on record as to what the insurance company has done to satisfy the claim under Section 163-A of the MV Act. If there had been really no accident and the death or injury was not the result of any accident then all the appeals are bound to be dismissed and no further adjudication would require to be made. If on the other hand, it bears out in evidence that the death or the injury was on account of the accident, it would mean that the respondents No.1 & 2 were taking a false defence and the insurance itself has not come to the succour of the claimants to provide what was their legal obligation. The finding regarding the accident will, therefore, determine the issue of whether the claimants should be deprived of interest during the relevant period or not.

(3.) The orders of dismissal are set aside. The appeals are allowed and remitted to the Tribunal for fresh consideration in accordance with law. The parties shall appear before the Court below on 31.07.2013.