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Judgment
Heard the submission of learned counsel for the appellant Mr. M. Talukdar and Mr. U. K. Das on behalf of the respondent No. 2. None appears
for the respondent No. 1.
The present appeal has been preferred against the order dated 12.5.2014 passed by the learned Member, Motor Accident Claims Tribunal,
Morigaon, Assam in MAC Case No. 66/2011.
Briefly stated the case of the of the appellant is that the mother of the appellant Hajera Khatun as a claimant filed the claim petition before the Ld.
Member, Motor Accident Claims Tribunal, Morigaon , Assam claiming compensation of Rs. 5,00,000/- for the injuries sustained in a motor vehicle
accident occurred on 11.3.2011, which was registered as MAC No. 66/2011 by the Tribunal. In the said accident, said lady sustained severe injury on
her person and she was immediately taken to Laharighat PHC. Thereafter, taken to another hospital for her treatment and while continuing such
treatment, she died on 16.6.2011. The matter of death was apprised to the Ld. engaged counsel for amendment of the claim petition so that legal heirs
of the deceased can be substituted in the said claim petition.
Accordingly a petition was filed before the Court for impleadment of the legal heirs in the said claim petition as all those petitioners were sons and
daughters of the deceased women. Ld. Tribunal by its order dated 12.05.2014 rejected the said petition for allowing impleadment of legal heir on the
ground of delay in filing the petition as has been objected by learned counsel for the respondent No. 1. Ld. Tribunal was of the view that substation
should be made within a period of 6 months, which is not done by the petitioners and initially the claim petition was filed in a personal capacity by the
claimant which is not transferable.
Today, I have heard the submission of learned counsel for both the parties. It has been pointed out by the learned counsel for the petitioner that all
the petitioners in this case are illiterate persons, having no knowledge of the procedure and delay in filing the said petition, has occurred due to their
ignorance of law and fact and it was the duty of the learned engaged counsel to approach the Court immediately after the death of the victim which
was not done promptly. Learned counsel for the opposite party No. 2 has not raised any such serious objection before this Court and fairly admitted
about the ignorance of such rustic people all about legal procedure.
Needless to say that the provision of this awarding compensation has been made with a view to redress the grievances of the poor litigants, who
lost the family members in the Road Traffic Accident and it is a social piece of legislation and strict adherence to the Code of Civil Procedure is
unwarranted. The statute has itself provided that the legal heirs can claim such compensation on behalf of deceased person and there is no bar for
such impleadment of legal heir in the case in hand. Although the claim petition was preferred by the claimant after the accident within few months of
accident, she succumbed to her injury and after some delay the legal heir of the deceased has come forward for their impleadment on the death of
their mother. That being so rejection of such prayer on technical ground is not proper, in view of aim and object of the social legislation.
Taking into account all above, this Court of the view that the petitioner should have been given an opportunity to pursue the matter before the Ld.
Tribunal. Accordingly the impugned order dated 12.5.2014 is hereby quashed and set aside, with a direction to the Ld. Member of Motor Accident
Claims Tribunal, Morigaon to substitute the name of the petitioners in the claim petition in the place of their mother/earlier claimant and will proceed
with the case as per law.
With the observations made above, appeal stands disposed of.
Return the LCR along with copy of order. The parties will appear before the concern Tribunal on 10.8.2018 to receive further order.