BIHARI LAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This claim petition has been dismissed on the ground of limitation, but in view of the ratio laid down by their Lordships of the Apex Court in the case of Dhannalal v. D.P. Vijayvargiya, 1996 ACJ 1013 (SC), this claim petition now has to be treated as being within time.

(2.) Once the limitation aspect is over, it is found that the learned Tribunal even while framing all the issues returned the finding on the issue relating to rashness and negligence in favour of the appellant-claimant, but with respect to issue relating to the amount of compensation, the Tribunal merely observed that because the claim application was being dismissed as time- barred, appellant-claimant was not entitled to claim any compensation. There is no doubt in my mind that the learned Tribunal committed a material irregularity in not deciding the issue relating to the determination of compensation amount because by now it is very well established that even in such cases where the Tribunal decides to dismiss the claim petition either on a technical ground or on any other ground, yet the Claims Tribunal must determine the amount of compensation. There is a sound and a rational objective behind this well established policy inasmuch as if, in appeal the Tribunal's findings with respect to the dismissal of the claim petition are reversed by the appellate court, the remand to the Tribunal for determination of the compensation amount is avoided and the appellate court based on the finding retuned by the Claims Tribunal in respect of the determination of compensation amount has the advantage of re-examining that finding in the light of the evidence adduced and based on its re-appreciation. A copy of this judgment, therefore, be sent to all Claims Tribunals in the State with a direction to them to ensure that in future such material irregularity shall not be repeated.

(3.) As far as the present case is concerned, the learned counsel for the parties have agreed and consented that rather than remanding the matter to the Tribunal for its consideration on issue No. 6 with respect to the amount of compensation, based on the evidence available, I should myself determine the amount of compensation.