S. Ramesh vs K.P. Jayaram and Others

N.K. Patil, J.—These two appeals are by the claimants being aggrieved by the common judgment and award dated 23.11.2009 passed in MVC Nos. 1420/2007 and 1421/2007 by the XIII Addl. Small Cause Judge & Member, Motor Accident Claims Tribunal, Bangalore (SCCH-15) (hereinafter referred to as Tribunal'' for short), for awarding reasonable compensation on the ground that the Tribunal is not justified in dismissing the claim petition on the sole sole ground that vehicle number involved in the accident is not mentioned. The vehicle number mentioned in the FIR differs from the vehicle number mentioned in the Charge Sheet. They failed to establish that the vehicle bearing No. TN-01-Q-8399 was involved in the accident. Therefore the appellants have presented these two appeals.

It is the case of the appellants that the appellants are aged about 26 years and 45 years and they have filed the claim petitions under Section 166 of MVC Act claiming compensation on account of injuries sustained in a road traffic accident that occurred on 01.12.2006 at about 8.20 a.m. contending that when the appellants were traveling in Motor Cycle bearing Registration No. KA-53-H-220 as rider and pillion rider, they reached near Kendriya Ugrana Samste, at that time, a car bearing No. TN-01-Q-8399 came from opposite direction in a rash and negligent manner and dashed against the motor cycle. Due to the impact, both the appellants fell down and sustained injuries on account of which they have filed claim petitions claiming compensation against the respondents contending that they have spent reasonable amount towards medical expenses and conveyance, nourishing food and attendant charges. The said claim petitions had come up for consideration before the Tribunal. The Tribunal in turn after consideration of oral and documentary evidence and the materials available on record, has dismissed the said claim petitions holding that the appellants have not produced any documents in support of their case. Since there arose doubt in the mind of the Court as to whether the claimant sustained injuries due to rash and negligent driving by the driver of the offending vehicle in question, it dismissed the claim petition.

Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented these appeals, respectively.

Learned counsel appearing for the appellants submitted that the appellants have produced the additional documents along with Misc. Cvl. No. 15957/2010, issued by the Regional Transport Officer, Chennai (Central) Ayyanawaram, Chennai 600023 showing the registration the registration number of the vehicle as No. TN-01-Q-8399, date of registration as 29.12.1999, due to oversight, while giving the complaint, the number is shown as TN-01-Q-9233 instead of TN-01-Q-8399. But the Tribunal has dismissed the claim petition on the ground that the appellants have failed to mention the correct number of the appending vehicle which caused the accident. The number mentioned in the FIR is different from the one Charge sheet and the IMV Report. Further he submitted that they have not proved the vehicle involved in the accident and injuries sustained in the road traffic accident. Therefore he submitted that the impugned judgment and award is liable to be set aside and matter may be remitted back to the Tribunal for re-consideration afresh.

As against this, the learned counsel appearing for the respondents inter alia contended and sought to substantiate the impugned judgment and award passed by the Tribunal stating that the same is passed after due consideration of oral and documentary evidence available on record. They have filed to establish the number of vehicle involved in the accident on account of which injuries sustained in the road traffic accident and mentioning of vehicle number in FIR differs with charge sheet and IMV Report.

On the aforesaid grounds, the Tribunal has dismissed the appeals and hence interference by this Court is not called for.

After careful consideration of the submission made by the learned counsel appearing for both the parties and after evaluation of the documents available on record, perusal of the impugned judgment and award passed by the Tribunal and also the additional documents produced at Annexure ''A'' along with the Misc. Civil. Application, it emerges that the accident occurred resulting in injuries to the appellants. By oversight, the vehicle number was wrongly mentioned as TN-01-Q-9233 instead of TN-01-Q-8399. But it emerges from the record available on file that the jurisdictional police after due investigation have rectified the clerical mistake crept in mentioning the vehicle number and have rightly shown the vehicle number as TN-01-Q-8399 and jurisdictional police have filed the charge sheet after due investigation. Further as per the IMV Report, the vehicle number is shown as TN-01-Q-8399. It is significant to note that the Tribunal ought to have gone through the records carefully including the investigation report, the charge sheet filed by the jurisdictional police and also IMV Report.

The Tribunal ought to have taken judicial note about charge sheet filed by the police which is after due investigation. In view of production of additional documents along with the applications, I am of the view that the matter requires consideration by the Tribunal. Therefore having regard to the facts and circumstances of the case as stated above, the appeals filed by the appellants are allowed. The impugned judgment and award dated 23.11.2009 passed in MVC Nos. 1420 and 1421 of 2007 by XIII Addl. Small Cause Judge & Member, Motor Accident Claims Tribunal, Bengaluru is hereby set aside. The matter stands remitted back to the jurisdictional Tribunal for re-consideration afresh.

The appellants/claimants, Insurer and Owner are permitted to file necessary application for adducing additional oral and documentary evidence, within four weeks from the date of receipt of a copy of this Judgment.

In case such appeals are filed, the Tribunal is directed to receive the same and pass appropriate order in accordance with law and to dispose of the same as expeditiously as possible, but not later than 6 months from the date of appearance of the parties.

The appellants and Respondents are directed to appear before the jurisdictional Tribunal personally or through their counsel on 02.03.2015 at 11.00 a.m. to enable them to take necessary date of further hearing.

Office is directed to return the entire LCR to the jurisdictional Tribunal immediately.