Kalyan Kushwah vs State of M.P.

Present appeal has been preferred by the appellant/owner of the vehicle challenging the award dated 25- 03-2003 on the ground that present appellant was never in receipt of any notice issued by the Third Motor Accident Claims Tribunal, Dabra District Gwalior in respect of the case in hand (claim case No.40/2002).

As per submission of learned counsel for the appellant, notice was issued to the present appellant but he never received the said notice and in his place, written statement was filed on the basis of memo of appearance whereas the present appellant neither signed any Vakalatnama in favour of any counsel nor he authorized any counsel to file written statement on his behalf, therefore, award has been passed behind the back of appellant as owner of the vehicle and he never had any opportunity to raise his point of view before the Claims Tribunal. He also filed an application under Order XLI Rule 27 read with Section 151 of CPC for taking the document on record at the appellate stage. The said document is driving licence of driver of the vehicle (present respondent No.3 Jashwant Singh). According to him, said document is material in the controversy and said document may alter the course of events if the appellant is given opportunity to contest trial and allegations levelled by the claimants.

On the other hand, Shri Sharma learned counsel for respondent No.4/Insurance Company fairly submits that if any situation exists in the present case then in the interest of justice matter can be remanded back for further adjudication provided Insurance Company is also given additional opportunity to rebut the claim advanced by present appellant on the basis of documents and pleadings.

Heard learned counsel for the parties and perused the record.

From perusal of record, it appears that appellant was not in receipt of any notice issued by the Claims Tribunal and purportedly written statement has been filed on behalf of the appellant but without his authority. Unless Vakalatnama was filed by the appellant authorizing counsel to appear and plead on his behalf, Written Statement filed on behalf of appellant is not binding over him. Therefore, in the fact situation of the case, it is imperative that matter be remanded back for retrial while setting aside impugned award dated 25-03-2003 passed by the Third Motor Accident Claims Tribunal, Dabra District Gwalior in claim case No.40/2002 and appellant be given renewed opportunity to file Vakalatnama and Written Statement, duly contesting the case in accordance with law.

In view of the fact situation of the case, application preferred by the appellant under Order XLI Rule 27 of CPC vide I.A.No.90/2009 is hereby allowed and appellant is further given opportunity to submit driving licence of the driver and take recourse of pleadings in accordance with law before the trial Court. Award dated 25-03-2003 passed by tribunal is hereby set aside. Respondents including present respondent No.4 (Insurance Company) is also at liberty to rebut claim or submissions advanced by appellant in the Claims Tribunal on the basis of documents submitted by the appellant before this Court.

Parties are directed to appear before the Claims Tribunal on 25-07-2017 and take direction from the Claims Tribunal for further hearing. Office is directed to remit record of the case, immediately to the Claims Tribunal for further compliance. Claims Tribunal is further directed to issue notice to all the parties concerned and after ensuring their presence trial be restarted again.

Appellant deposited Rs.25,000/- as the same was prerequisite for filing of instant appeal under Section 173 of Motor Vehicles Act and as the trial is to be restarted again, therefore, in the interest of justice Rs.25,000/- deposited by the appellant be refunded back to him on due verification. Appeal stands disposed of.