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Judgment
All these appeals arise against the judgment and award passed by Sri P.C. Choudhary, 4th Additional Sessions Judge-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur. It appears that these claim cases were, filed for compensation on account of death/injury in a motor vehicle accident. On 6.6.2004 one Tata Sumo was dashed by a State Transport Bus bearing registration No. JH 05G-9587 on Ranchi-Tata Road.
In compensation case No. 143 of 2005 judgment Was passed by the Tribunal on 23.6.2007 wherein he exonerated the insurer of the State Transport bus namely Oriental Insurance Company from its liability on the ground that the driver of the bus was not having a valid driving license. Whereas in compensation case No. 144 of 2005, judgment was delivered on 15.9.2007, only a few months after the earlier judgment, wherein he has negatived the contention of the Insurance Company and held that the driver of the bus was having a valid driving license.
Before hearing the appeal, we would like to call for a report from the Presiding Officer of the Tribunal, Jamshedpur on the following questions:
(i) When all the compensation cases were pending before his file, why he has not taken up all the cases together and passed a common judgment.
(ii) Under what circumstances, he has recorded two different findings on the same issue in different compensation cases when no specific evidence was brought on record.
The Registrar General is directed to send this order by ''FAX'' with a direction to the Officer to submit his report within 10 days.
Put up this case after 10 days.
In the meantime, call for the Lower Court Records of all the cases including compensation case No. 143 of 2005 by Special Messenger.