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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 7th October 2008, passed in MVC No. 256/2005, by the Civil Judge(Sr. Dn.) and Motor Accident Claims Tribunal, Maddur, (for short, Tribunal''), for awarding reasonable compensation on the ground that, the Tribunal grossly erred in dismissing the claim petition filed by the claimant/appellant. On account of the injuries sustained by the appellant, he filed a claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 3,20,630/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 7th October 2008. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, dismissed the claim petition. Being aggrieved by the said judgment and award passed by Tribunal, the appellant is in appeal before this Court, seeking reasonable compensation, by allowing this appeal.
I have heard learned counsel for appellant and learned counselor Insurer, for quite some time.
It is the specific submission of the learned counsel appearing for appellant that the appellant, due to inadvertence, could not produce the R.C. Book of the vehicle involved in the accident and therefore, the same is produced before this Court by filing Misc. Cvl. 14752/2009. The said application has been allowed today, by this Court and therefore, he submits, to meet the ends of justice and in view of the peculiar facts and circumstances of the case, the appeal filed by appellant may be allowed, the impugned judgment and award passed by Tribunal may be set aside and the matter be remanded back to Tribunal, for reconsideration, afresh, in accordance with law, after affording reasonable opportunity of hearing to the parties concerned.
Per contra, learned counsel appearing for Insurer sought to justify the impugned judgment and award passed by Tribunal. However, he fairly submitted that since the Misc. Cvl. filed for production of additional documents is allowed by this Court, the matter may be remanded back to the Tribunal for reconsideration afresh, after hearing all the parties to the proceedings.
In the light of the submission of the learned counsel appearing for both parties and after perusal of the entire material available on file, in view of allowing Misc. Cvl. 14752/2009 filed for production of additional documents, without going into further merits or demerits of the case, it would suffice for this Court if the matter is remanded to Tribunal for reconsideration afresh. In the light of the facts and circumstances of the case, the appeal filed by appellant is allowed.
The impugned judgment and award dated 7th October 2008, passed in MVC No. 256/2005, by the Civil Judge (Sr. Dn.) and Motor Accident Claims Tribunal, Maddur, is hereby set aside.
The matter stands remitted back to Tribunal to reconsider the matter afresh and to pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to all the parties concerned, as expeditiously as possible, within a period of six months from the date of receipt of application to be filed by the appellant for additional evidence;
Appellant herein is permitted to file necessary application for adducing additional oral and documentary evidence within three weeks from the date of receipt of a copy of Ms judgment;
In case such application is filed, Insurer is also permitted to file objections to the same;
In case the application is filed by appellant, the Tribunal is directed to receive the same and pass appropriate orders, and dispose of the same in compliance of the direction issued by this Court, expeditiously, as directed above.
The appellant and Respondents are directed to appear before the jurisdictional Tribunal, either personally or through their counsel, on 11-11-2013, and collect necessary further dates of hearing;
Registry is directed to return the entire original records to the jurisdictional Tribunal, forthwith;
Office to draw award, accordingly.