Ashok Kumar Pandit vs Jyotsana Paul And Ors

The appeal has been preferred against the award dated 31.05.2017 passed in Title (M.V.) Claim Case No.52/2012 passed by District Judge-XVIII-

cum-Presiding Officer, Motor Accident Claim Tribunal, Dhanbad whereby the claimants have been awarded a sum of Rs.3,71,000/- out of which

Rs.50,000/-has already been paid under section 140 of the M.V. Act and as such, the balance amount of Rs.3,21,000/- has been awarded along with

interest @6% per annum from the date of filing of this claim petition i.e. 12.03.2012 till realization of the same.

Learned counsel for the appellant has submitted that I.A. No.7502/2017 has been preferred for condonation of delay of 7 days on the ground that

the appellant after obtaining copy of the award, came to Ranchi on 27.08.2017 to consult the learned counsel, who asked him to bring the entire file.

Thereafter the appellant returned and suffered from viral fever and after recovery from illness again came to Ranchi on 06.09.2017. Thereafter the

case was filed on 07.09.2017 but in support of his contention, no documentary evidence has been brought on record.

From perusal of the impugned award, it appears that deceased Madhav Chandra Kumbhkar died in a motor vehicle accident caused by scooter

bearing registration no.BR-17E-2658 driven in a rash and negligent manner by the appellant/defendant Ashok Kumar Pandit on 17.09.2008 at 7.30

P.M. near Thikana hotel at Kharkabad, P.S. Govindpur, District- Dhanbad while the deceased was going on the side of the road. The deceased

sustained grievous and fatal injuries and he died at PMCH, Dhanbad on the same date during course of treatment. An F.I.R. has been lodged on the

written report of the brother-in-law of the deceased Devashish Paul, before the Govindpur Police Station as Govindpur P.S. Case No.312/2008 dated

18.09.2008 under sections 279 and 304-A of the IPC against the rider of the said scooter which has been brought on record as Exhibit-1.

After investigation the police submitted charge sheet no.427/2008 dated 12.12.2008 (Exhibit-2). The post-mortem report of the deceased conducted on

18.09.2008 by Doctor Swapan Kumar Sarak of department of FMT, Patliputra Medical College, Dhanbad has been brought on record as Exhibit-3.

Learned counsel for the appellant has submitted that no plea of insurance of the offending vehicle was taken by the appellant before the learned

Tribunal. The admitted case is that the vehicle was not insured before any of the insurance company as contemplated under law. Learned counsel for

the appellant has submitted that since the appellant has been acquitted in the criminal case, as such the appellant may not be fastened with the liability

as imposed by the learned Tribunal under Motor Vehicle Act.

Heard, learned counsel for the appellant Mr. Ramawatar Choubey and perused the material brought on record. The admitted fact is that deceased

Madhav Chandra Kumbhkar died in a motor vehicle accident caused by the scooter of the appellant bearing registration no. BR-17E-2658 on

17.09.2008 at 7.30 P.M. The said Scooter was seized at the spot. The Scooter was driven by appellant. The acquittal in criminal trial is on different

grounds, which cannot be taken as ground while deciding a claim application filed under the motor vehicle Acts. The motor vehicle Act is a socio

beneficial legislation, as such, the procedure under Civil Procedure Code is not to be followed in strict sense in view of the judgment National

Insurance Company Limited vs. Pranay Sethi & Ors. as reported in (2017) 16 SCC 680.

Under the aforesaid circumstances the Exhibits-1, 2 and 3 are the sufficient documents to establish that the deceased sustained injury and ultimately

died because of the accident caused by the scooter of the appellant.

It is also admitted that the vehicle was not insured before any of the Insurance Company.

This Court has also perused that under the conventional head, the Tribunal has awarded less amount i.e. Rs.20,000/- instead of Rs.70,000/-. As per

the judgment of National Insurance Company Limited Versus Pranay Sethi and Ors. reported in (2017) 16 SCC 680 it ought to have been Rs. 15,000/-

as loss of estate, Rs. 15,000/- as funeral expenses and Rs.40,000/- as loss of consortium but the Tribunal has only awarded Rs.5000/-, Rs. 5000/- and

Rs.10,000/- under the respective heads. Since no appeal has been preferred by the claimants, as such, this Court is not enhancing the same so as to

ensure the payment of the entire awarded amount with the interest which has also been paid on the lesser side as 6% instead of 7.5% as held in the

case of Dharmpal and Sons vs. UP State Road Transport Corporation; 2008 (4) JCR 79 SC.

Under the aforesaid circumstances since there is nothing on record to shift liability from the appellant rather the deceased Madhav Chandra

Kumbhkar died on 17.09.2008 at 7.30 P.M. near Thikana hotel at Kharkabad under the Govindpur police station in the District of Dhanbad because of

dashed by the Scooter which was also recovered by the police, as such, the appellant has failed to make out a case warranting interference by this

Court.

Accordingly, the appeal is hereby dismissed without any modification.

The statutory amount deposited before this court while preferring this appeal by the appellant shall be remitted to the learned trial court so as to pay

the same to the claimants. The tribunal/executing court is directed to execute this award within a period of six months from today and submit report

before this court.

I.A. No.7502/2017 filed for condonation of delay of 7 days is hereby dismissed as no substantial ground is made to condone the delay.

Put up this case after submission of the desired report.