Mr. Muneesh Kumar Shakya vs Mr. Damodar S. Asurkar and Another

R.P. Sondurbaldota, J.—Rule. Rule is made returnable forthwith. Learned Counsel appearing for the Respondent No. 2 waives service. By consent, the Petition is taken up on board for final hearing. Heard Shri Fernandes, learned Counsel appearing for the Petitioner and Shri Afonso, learned Counsel appearing for the Respondent No. 2. The Petition is directed against the Order dated 12.09.2012 by which the Motor Accident Claims Tribunal, South Goa, Margao, dismissing the application filed by the Petitioner (Exhibit 80), for production of additional documents. The additional document sought to be produced is a note-book which the petitioner claims to have maintained during the course of his business. The contents in the notebook and the entries made therein, according to him, would help in establishing his earnings in order to claim compensation for the injuries suffered by him. The application was filed even before filing of affidavit of examination in chief i.e. before commencement of the trial. The learned Member of the Tribunal has rejected the application on two grounds, firstly, that since there is no reference made by the petitioner in his Claim Petition to any book maintained by him to note down the accounts, it is not possible to accept that the book was maintained by him in the course of his business. The second ground is about the nature of the document which was sought to be produced. The document has been described as bunch of papers.

The Petitions for compensation filed before the Motor Accident Claims Tribunal, are not bound by strict rules of evidence. Besides the application had been filed by the Petitioner in time i.e. before commencement of the trial and the Respondents would have an opportunity to cross examine the Petitioner on the additional documents. In the circumstances, the learned Member of the Tribunal ought to have allowed the application instead of prejudging the document and the contents thereof. Hence, Rule is made absolute. The Petition is allowed in terms of prayer clause 4 and 5.