JITENDRA KUMAR PANDEY Vs. RAVI KUMAR VISHWAKARMA

JUDGEMENT

(1.) The claimant is the appellant before this Court. The appeal has been preferred against the order dated 20.11.2017 passed in Motor Vehicle Claim Case No. 38/2012 passed by learned District Judge, IV-cum-Motor Vehicle Accident Claim Tribunal, Palamau at Daltonganj whereby the claim application has been dismissed as the Tribunal has decided issue no. 1 and 3 against the claimant.

(2.) Learned counsel for the appellant Mr. Abhay Kumar Mishra has submitted that I.A. No. 4765/19 has been preferred under section 107 (1)(d) read with Order 41 Rule 27 of the C.P.C. for adducing additional evidence before the court. Learned counsel for the appellant has submitted that original certificate issued from the hospital has been brought on record as Annexure-1 series and the fardbeyan of Deepak Kumar Pandey recorded by A.S.I. P.K. Sinha of Chandwa Police Station on 23.01.11 at 12.30 P.M. at Gurunanak Hospital, Ranchi, I.C.U. Room near bed no. 17 has been brought on record as Annexure-2. The documents are relevant and necessary for proper adjudication of the case which could not be filed before the learned Tribunal inadvertently, as such, for proper adjudication of the case the matter may be remitted to the Tribunal for de novo trial. To buttress his argument learned counsel for the appellant has relied upon the judgment of Jai Prakash vs. National Insurance Company Limited ; (2010) 2 SCC 607 whereby a direction has been issued to the Police Authorities, Claim Tribunals, Insurance Companies to ensure that all accident victims get compensation. Learned counsel for the appellant has further relied upon the case of Vimla Devi and Ors. vs. National Insurance Company Limited and Anr .; (2019) 2 SCC 186 para-18 of which is profitably quoted here:-

(3.) Learned counsel for the respondent National Insurance Company Limited has opposed the prayer and has submitted that the accident is of the year, 2011, the claim petition was filed in the year, 2012 which was decided in the year 2017 and thereafter, such plea is going to be taken by the claimant when his claim application has been dismissed on contest.