Gabbugiri vs Ghasiram and Another

Hon''ble Shri N.K. Mody, J.—Being aggrieved by the award dated 27/04/09 passed by Additional MACT, Bagli Distt. Dewas in Claim Case No.41/08 whereby claim petition filed by appellant for compensation on account of injuries sustained in a motor accident was dismissed, present appeal has been filed. Short facts of the case are that the appellant filed a claim petition alleging that on 15/04/07 appellant was going on his new motor bike from Sehore to Dewas, at that time appellant met with an accident with a vehicle bearing registration No.MP/37-G/0144 which was being driven by respondent No.1 rashly and negligently, owned by respondent No.2 and insured with respondent No.3. It was alleged that appellant sustained grievous injuries. It was alleged that appellant brought to Hamidiya Hospital, Bhopal, where appellant was operated and rod was inserted. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No.3 on various grounds. It was prayed that the claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal dismissed the claim petition, against which present appeal has been filed.

Learned Counsel for the appellant argued at length and submits that the impugned award passed by the learned Tribunal is illegal, incorrect and deserves to be set aside. It is submitted that ample evidence is on record to demonstrate that accident occurred, in which appellant sustained grievous injuries. It is submitted that in the facts and circumstances of the case learned Tribunal was not justified in dismissing the claim petition filed by appellant.

From perusal of the record it is evident that to prove the case appellant has filed the documents Ex. P/1 to Ex. P/22. Ex. P/5 is final report, Ex. P/6 is the FIR which has been lodged on 15/04/07. Date of accident is 15/04/07 at 4.00 PM, while FIR is lodged at 7.00 PM. The distance of police station from the place of accident is 4 km. FIR is lodged with police station Kotwali, Sehore. Ex. P/7 is Dehati Nalish prepared at Police Station, Sehore Kotwali, in which time of information is mentioned as 4.40 and vehicle number is mentioned as MP/37-G/0144. Ex. P/8 is copy of continuation sheet of concerned hospital regarding progress and treatment which is dated 15/04/07. Ex. P/10 is arrest memo dated 15/04/07, Ex. P/12 is seizure memo dated 15/04/07 whereby offending vehicle was seized, Ex. P/15 to Ex. P/18 are the documents relating to treatment given to the appellant. On the document Ex. P/15 & 16 the date is mentioned as 13/04/07, while on the document Ex. P/18 date is mentioned as 15/04/07. Document Ex. P/19 is issued by Patient Welfare Association, Sehore on 15/04/07 at 4.35 PM and Ex. P/20 is registration of the appellant at Hamidiya Hospital, Bhopal on 15/04/07 itself.

It appears that only because on the document Ex. P/15 & 16 the date mentioned as 13/04/07 learned Tribunal held that appellant sustained injuries earlier and thereafter a false case has ben made out. Respondents remained ex-parte before the learned Tribunal. It was also found that the offending vehicle was not insured, therefore, Reliance Insurance Company who was impleaded as party was also deleted. In absence of any evidence in rebuttal only on the basis that on some documents relating to hospital date is mentioned as 13/04/07, learned Tribunal has dismissed the claim petition. Learned Tribunal has also not assessed the amount of compensation, which can be payable to the appellant. While it is the duty of Accidents Claims Tribunal to assess the compensation even in case where the claim petition is dismissed, so that if in appeal this Court set aside the award relating to accident, then without remanding the case appeal can be decided. Unfortunately it has not been done in this case.

In the facts and circumstances of the case appeal filed by the appellant is allowed and the impugned award passed by the learned Tribunal is set aside and the case is remanded to the learned Tribunal with a direction to decide the claim petition afresh after issuing fresh notices to the respondent Nos. 1 & 2 and also after calling the concerned treating Doctor alongwith record of Hospital. Before proceeding further appellant shall delete the name of respondent No.3 as directed vide order dated 08/01/08, failing which appeal filed by the appellant shall be treated as dismissed. With the aforesaid observations, appeal stands disposed of.