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Judgment
Heard the counsel for the parties.
This appeal is directed against the judgment and award dated 21.5.2007 passed by the Claims Tribunal, Gumla in MACC (MJC) case No. 6/2002 whereby he has dismissed the claim application filed by the appellants-claimants on the ground that the deceased was not having a valid driving license to drive the motor cycle and there is contradiction in the statements of PW 1 and the informant.
The facts of the case lie in a narrow compass:
One Imtiyaz Khan was a motor cycle mechanic. On the fateful date of accident the cousin brother of the deceased Imran came on a motor cycle in his shop and informed about the technical defect in his motor cycle. He requested for sitting upon the motor cycle and understanding the defect. The motor cycle was being driven by the deceased Imran. Both were going towards Kartik Oraon College. It was alleged that while driving the motor cycle slowly passing in front of the Rotary Club, all of a sudden tractor bearing registration No. JH 07 A 1420-1421 which was being driven rashly and negligently, dashed the motor cycle from behind as a result of which both the occupants of motor cycle fell down and the deceased, Imran, succumbed to his injuries.
Evidence was led by the claimants in support of the fact that the tractor was being driven rashly and negligently due to which the accident took place.
The Tribunal considered the evidences adduced by the claimants-witnesses which has been discussed in detail in para 11 of the judgment which is reproduced hereinbelow:
Thus, it appears from the statement of PW 1, PW 2 and PW 3 that on the day of accident the motor cycle was closed he was carrying the motor cycle by dashing near the Rotary club. Rotary club is located at Palkot. The Rotary club was dashing by Md. Imran and Md. Imtiyaz. The Palkot road is a public place. Md. Imtiyaz is the cousin brother of Md. Imran. In the mean time this motor cycle bearing No. BR 14A 8045 dashed by one tractor bearing No. JH 07A 1420 from behind and Md. Imtiyaz was thrown away and Md. Imran died there. Md. Imran had no driving license of the aforesaid motor cycle bearing No. BR 14A 8045. The claimant has also did not submitted the driving license, registration paper in the Court. This motor cycle was purchased from the O.P. No. 4, Rizwan Akhtar who has submitted the sale letter of the aforesaid motor cycle bearing No. BR 14A 8045. The O.P. Nos. 1 and 2 has submitted the valid Insurance Policy of the Tractor Ext. as mark I along with the Registration paper of the aforesaid tractor and driving licence of the driver of the tractor. As per the Insurance Policy the aforesaid Tractor had the valid insurance from the Insurance Company of the time at accident.
However, the Tribunal took the view that since the deceased was not having license to drive the motor cycle, the claim application filed by the claimants-appellants cannot be allowed.
We have heard the counsel for the parties and perused the impugned judgment and award. In our view, the Tribunal has not applied the law correctly on the facts of the instant case. Even assuming, for the sake of argument, that the deceased was not having a valid driving license, that does not mean that the tractor will come from behind being driven rashly and negligently and dash the motor cycle. It may be a case of contributory negligence but on that ground alone the claim application cannot be rejected uprightly. The impugned judgment and award, therefore, cannot be sustained in law.
For the aforesaid reason, this appeal is allowed and the impugned judgment and award is set aside. The matter is remitted back to the Tribunal with a direction to pass fresh Judgment and award after applying the correct proposition of law as discussed hereinabove.
Since the claim case is of the year, 2002Tit would be just and proper for the Tribunal to take up the same and dispose it of as expeditiously as possible and preferably within a period of two months from the date of receipt of a copy of this order.