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Jharkhand High Court

Smt. Asha Jain & Anr vs Prajesh Akhouri & Others on 23 February, 2021

Author: Kailash Prasad Deo

Bench: Kailash Prasad Deo

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
            (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 480 of 2014
                          ........

Smt. Asha Jain & Anr.                         .....    Appellants
                              Versus
Prajesh Akhouri & Others                        ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mrs. Swati Shalini, Advocate. For the Respondent No.3 : Mr. Pratyush Kumar, Advocate.

........

06/23.02.2021.

I.A. No.3450/2018 has been filed for condonation of delay of 608 days in preferring the appeal against the order of dismissal. Delay of 608 days may be condoned, as the claimants are poor old widow lady along with three minor children, considering it to be a benevolent legislation.

Learned counsel for the Insurance Company, Mr. Pratyush Kumar has submitted that delay is not explained properly, as such, delay may not be condoned.

Considering the rival submissions of the parties, looking into fact and circumstances, that the appeal has been preferred by the widow mother, widow of the deceased along with three minor children, this Court is inclined to condone the delay of 608 days.

Accordingly, I.A. No.3450/2018 is hereby allowed.

Heard, learned counsel for the appellant, Mrs. Swati Shalini and learned counsel for the Insurance Company, Mr. Pratyush Kumar.

Learned counsel for the appellant has submitted that this appeal has been preferred by the claimants namely, Smt. Asha Jain, widow of Late Padam Kumar Jain and Mahesh Jain, son of Late Padam Kumar Jain, against the dismissal of the claim application vide judgment dated 08.01.2013 passed by learned 5 th District Judge- cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal (M.V.A.C.T.), Hazaribag in Claims Case No.03/2000, whereby the claim application has been dismissed on the ground that only one witness namely Radhe Shyam Sahu, who has acquaintance with the -2- claimants and the opposite parties, has been examined in this case and ad-interim compensation of Rs.50,000/- has been paid vide order dated 13.11.2006 passed under Section 140 of the Motor Vehicles Act, but said cheque has been returned, which simply shows that claimants are not interested in receiving ad-interim compensation.

It appears that none of the five claimants has come forward in the witness box to support their case though the case has been kept pending for six years for evidence of the claimants, which was finally closed on 16.04.2012 and the evidence of the opposite party - Insurance Company has also been closed on 29.11.2012, as such, the Tribunal has dismissed the appeal on the ground that ocular evidence of only one witness has been brought on record and the claimants have not proved any documentary evidence.

Learned counsel for the appellant has submitted that in such matter the learned Tribunal ought to have considered the benevolent legislation and should not have rejected the claim application, as such, matter may be remitted to the court below for fresh consideration of the issues.

Learned counsel for the appellant has referred the case of Bimla Devi & others Vs. Satbir Singh and others reported in (2013) 14 SCC 345, where the Apex Court has remitted the matter to the learned Tribunal to afford opportunity to both the parties to adduce the evidence and to prove the factum of accident, age, nature of work / income of the deceased and the liability of the deceased.

Learned counsel for the Insurance Company, Mr. Pratyush Kumar has no serious objection on these issues considering it to be a benevolent legislation.

Considering the same, let the impugned order be set aside. Accordingly, the instant miscellaneous appeal is disposed of. The matter be remitted to the court below for fresh consideration of the issues by allowing the parties to adduce the evidence.

So far the interim compensation is concerned, this court directs the Insurance Company to hand over a revalidated cheque in favour of the claimants to the tune of Rs.50,000/- passed under Section 140 of the Motor Vehicles Act in terms of order dated 13.11.2006.

Let the matter be remitted to the court below. The court below shall decide the issue within a period of six months from the date of appearance of the parties. The parties have assured this Court that they shall appear before the court below on 15.03.2021.

Jay/-                                   (Kailash Prasad Deo, J.)