Saraswati Mahanta & Ors. vs Manoj Kumar Jha & Anr.

G. Satapathy, J.

This is an appeal U/S.173(1) of the Motor Vehicles Act, 1988 (In short, “the Act”) by the claimants-appellants praying to set-aside the impugned judgment dated 05.02.2024 passed by the learned Second Motor Accident Claims Tribunal, Cuttack (In short, “the Tribunal”) in Misc. Case No.802 of 2017 dismissing the claim application with nil award.

The facts in background are that in an accident which took place on 12.03.2017 at about 11.45 AM, one Susanta Mahanta (hereinafter referred to as, “the deceased”) was allegedly hit by one Container (Truck) bearing Regd. No.NL-01-D-9192 (hereinafter referred to as, “the offending vehicle”) resulting in his death. An FIR being filed on this accident came to be registered vide Kotabommalli PS Case No.19 of 2017, which on investigation resulted in charge-sheet against the driver of the offending vehicle for rash and negligent driving. A claim being preferred was registered by the Tribunal in Misc. Case No.802 of 2017, which was subsequently dismissed with nil award for want of evidence.

Heard, Mr. Satyabhusan Das, learned counsel for the appellants and Mr. Sushil Dash, learned counsel for the Respondent No.2, but none appears for Respondent No.1 despite duly noticed.

It is not disputed that the learned Tribunal by passing the following impugned judgment dismissed the claim of the appellants with nil award:-

Admittedly, granting compensation to the victim(s) of the accident including the legal heirs of the deceased died in the accident is a social and beneficial legislation and the procedure adopted for disposal of such claim is summary in nature, however, the Tribunal should consider the claim of the claimants for grant of compensation by adopting a liberal approach, since the claimant(s) is/are not only the victim(s) of the motor vehicular accident, but also they suffer on account of such accident and the relevant provision of the Act intends to provide succor to the victim(s) of such vehicular accident. What is important is that the claimants should not be deprived of compensation merely because they are not being able to tender any evidence, but at the same time, the claimants should be encouraged to lead evidence to prove their case before the Tribunal.

Indisputably, the claimants did not choose to adduce any oral or documentary evidence to establish their claim despite availing several adjournments on one or some pretext, but they are ultimately the victims of the accident in which their sole bread earner had died and thereby, taking hyper-technical view would not sub-serve the substantial justice required to advance in such cases. It is also not in dispute that the appellants-claimants have filed this appeal with a delay of 13 days, but refusing the claim of the appellants merely because there is a delay would not sub-serve the justice. In the circumstance and on consideration of the claim as raised by the claimants keeping in view the objective of the provision of law governing the claim case arising out of the accident, this Court considers that the interest of justice would be best served, if the impugned judgment dismissing the claim of the claimants with nil award is, hereby, set aside and the matter is remitted back to the learned Tribunal for fresh disposal in accordance with law, but at the same time, if the Tribunal finds a case to award compensation to the claimants while disposing their claim application, it may take into consideration the period of delay and latches to be the ground for not awarding any interest during those period which was in fact acknowledged by the learned counsel appearing for the appellants.

In the result, the Appeal stands allowed and the impugned judgment is, hereby, set aside. Consequently, the matter is remitted back to the learned Tribunal for fresh disposal in accordance with law by issuing notice to R1-cum-owner of the offending vehicle. The parties are, however, directed to appear before the learned Tribunal on 03.11.2026 for taking further instruction. Needless to say, the parties shall co-operate the Tribunal for early disposal of the claim case, which shall be disposed of as expeditiously as possible preferably within a period of six months w.e.f 03.11.2026, but such period of six months shall exclusive of the time required to notice R1-cum-owner of the offending vehicle.