The Commandant, Military Kamptee Cantonment vs Abhilasha & Ors.

. Heard. With consent of both the parties, matter is taken up for final disposal at admission stage.

In the present Appeal challenge is to the Judgment and Order dated 13/4/2023 passed by the Motor Accident Claims Tribunal, Nagpur in MACP No. 1202/2019, whereby the Appellant was directed to pay the compensation of Rs.1,87,12,984/- along with interest.

The Appellant, who approached before this Court, states that they were not represented personally or through their Counsel before the Tribunal, and therefore, seeks indulgence of this Court in the matter.

In the present case, on perusal of the Judgment, which is impugned in the present Appeal, shows that the Claim Petition was proceeded exparte against the Respondents by order dated 21/10/2022. So also it is undisputed fact that the Claim Petition was filed before the Claims Tribunal on 5/11/2019 and after that notices were served to the Appellant.

The Appellant has fairly stated that the first summons was received on 8/2/2020, however, immediately thereafter there was a surge of COVID-19 pandemic, and therefore, on behalf of the Appellant, no one could attend the proceeding before the Tribunal. According to the Appellant, during the surge of COVID-19 pandemic these proceedings were conducted and final Judgment was passed in the matter on 13/4/2023. In view of this contingency, they could not attend the proceeding before the Tribunal.

The learned Counsel for Respondents/Claimants, however, strongly opposed the Appeal. According to them, once summonses were served on the Appellant, it was their duty to appear before the Tribunal and contest the proceeding. The reason put-forth before this Court cannot be accepted first time in the present Appeal. Once the summons were served, it was the duty of the Appellant to enquire into the matter after the COVID-19 pandemic came to an end in the year 2022, but no such enquiry was made by them, and therefore, for the fault of the Appellant, Respondents/Claimants cannot be punished in the matter.

It is stated that Appellant has disputed the accident as well as the amount of compensation, which was awarded by the learned Tribunal in the present matter. So also Appellant being an autonomous and responsible body under the Ministry of Defence, Government of India and committed to train military persons and provide them facilities, is required to grant one opportunity to defend the case before the Tribunal.

In view of the submissions made by the learned Counsel for both sides, it is clear that the Appellant has pointed out sufficient reason for not appearing before the Tribunal while deciding the Claim Petition. The fact of COVID-19 pandemic is not denied by the Respondent/Claimant in the matter. Therefore, considering the fact that the Appellant, being Commandant Military Kamptee Cantonment, is the statutory authority and the amount which was disbursed by the Authority is public amount, and therefore, such Authority needs to be granted one more opportunity to defend their case before the Tribunal. At the same time Respondents/Claimants are also required to get just and fair compensation in the accident, as the bread earner of the family is expired in the accident.

Therefore, to keep balance for both the sides, in my considered opinion, it will be proper that matter shall be remanded back to the Claim Tribunal to decide the same within stipulated period. In the result, I proceed to pass following order.

First Appeal is partly allowed.

The Judgment and Order dated 13/4/2023 passed by the Motor Accident Claims Tribunal, Nagpur in MACP No. 1202/2019 is hereby quashed and set aside.

The Claim Petition bearing MACP No. 1202/2019 is restored on the file of Motor Accident Claims Tribunal, Nagpur.

The parties are directed to appear before the Motor Accident Claims Tribunal Nagpur on 16^th September, 2026.

The learned Tribunal shall decide the Claim Petition within a period of three months after appearance of the parties.

The amount, which is deposited by the Appellant before this Court, shall be transferred to the Motor Accident Claims Tribunal, Nagpur and shall be invested during the pendency of Claim Petition and the said amount will be disbursed, subject to final decision of the Claim Petition.

No order as to costs.

Since the First Appeal is disposed of, pending Civil Application No. 1285/2026 does not survive. The same stands disposed of accordingly.