Gujarat High Court
Shinde Parvatiben Bhima Piraji Wd/O ... vs Chandarbhai Kalubhai Dinde on 10 January, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/100/2024 ORDER DATED: 10/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 100 of 2024
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SHINDE PARVATIBEN BHIMA PIRAJI WD/O LATE SHINDE BHIMA PIRAJI
Versus
CHANDARBHAI KALUBHAI DINDE
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Appearance:
MR MATAFER R PANDE(3952) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 10/01/2024
ORAL ORDER
1. The challenge is given to the claim petition, which came to be dismissed on 02.09.2023 by Motor Accident Claims Tribunal (Auxi.), Surat in Motor Accident Claim Petition No.394 of 2011.
2. Advocate Mr. Matafer R.Pande for the appellant submitted that the matter was registered in 2011. The matter was pending in another Tribunal, thereafter the matter was transferred to the Tribunal which has dismissed the petition.
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NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined 2.1 Advocate Mr. Pande submitted that while dismissing the petition, it was observed that during the pendency of the matter, the applicant was not present. The legal heirs of original applicant has produced an application at Exh.33 declaring the death. The death certificate and Adhar Card was produced along with the application with a prayer to join them as legal heirs.
2.2 Advocate Mr. Pande submitted that the Court had joined heirs as a party and the claimant had prepared to produce the evidence on record; however, on 06.02.2023, by order below Exh.1, the right of the evidence came to be closed, and, thus the learned Tribunal has observed that the legal heirs of the original applicant had failed to prove the vehicular accident, and without entering into the merits of Page 2 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined the case had decided the issue nos.1 and 2 in negative, and answering the issue no.3 dismissed the petition.
2.3 Advocate Mr. Pande referred to the judgment of Bharatbhai Narsinghbhai Chaudhary and Others v. Malek Rafik Malek Himmatbhai, reported in 2011 (2) G.L.R. 1324, to submit that no claim petition ought to have been dismissed without decision on merits. Mr. Pande further stated that the application moved by the legal heirs itself suggests that they were willing to proceed with the matter to produce the evidence on record. 2.4 Advocate Mr. Pande further stated that if the Tribunal had come to the conclusion that the petitioner had not come forward to produce evidence, then as laid down in the case of Jai Prakash Vs. National Insurance Company Ltd. reported in (2010) 2 SCC 607, could have called for the information under Form-54, and should Page 3 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined have decided the matter on merits, or rather for giving an opportunity should have closed the stage of the petitioner, and should have posted it for the stage of the opponents for producing the evidence, which would have given enough time and opportunity for the petitioner to move an application for reopening the stage of leading evidence.
3. In the judgment of Bharatbhai Narsinghbhai Chaudhary (supra), it has been held that the learned Tribunal has no power to dismiss the Claim Petition without taking into consideration the object behind the Motor Vehicles Act, 1988, i.e. to provide adequate compensation to the claimants. The relevant part of the above decision is reproduced herein below:-
"A District Judge, who functions as a Claims Tribunal, is not only within Page 4 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined the administrative control of the High Court, but also subordinate to it under Section 115 of the Code. A Claims Tribunal is a 'Court' although with limited jurisdiction and not a mere 'Tribunal'. The powers of appeal given to the High Court under the Act against the decision of the Tribunal constituted under the Act, will definitely lead to conclusion that the said Tribunal is subordinate to the High Court and the nomenclature given to the Motor Vehicles Tribunal that, it is a Tribunal, will not take it out of the purview of the Civil Court. (Para 5) Under Rule 3, therefore, even if, neither party appears when the suit is called for hearing, it is not compulsory for the Court to dismiss the suit. The Court may adjourn the suit. In the event of dismissal of the suit, it is open to the plaintiff to apply for restoration of the suit and the Court may set aside the order of dismissal and restore the suit. An order dismissing a suit for default of appearance of parties is not a Page 5 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined "decree" under Sec. 2(2), and hence, is not appealable. An order of dismissal of a suit based on erroneous application of Rule 3 can be said to be a "case decided" within the meaning of Sec. 115 of the Code. Hence, where the Court has acted with illegality or with material irregularity in the exercise of jurisdiction, a revision would like against such an order. (Para 5.7) The provisions of the Code are applicable to govern the procedure in a Motor Accident Claim case as provided under Rule 229 of the Gujarat Motor Vehicles Rules, 1989. There is no separate procedural law, made applicable to conduct the Motor Accident Claim petitions. Therefore, application for restoration, made under Order 9, Rule 4, in the instant case, is absolute, legal and sustainable, and therefore, the revision, arisen out of such order, passed below such application, is also undoubtedly maintainable. (Para 5.11)"Page 6 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024
NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined On perusal of the application and other relevant papers, it appears that the restoration application was filed by the applicants on 22nd November, 2001 and another restoration application is filed on 28th January, 2004, under Order 9, Rule 4 of the Code, wherein, the applicants have described the reasons and tried to justify their case for restoration of the application. On perusal of the papers, it apperas that the applicants are poor persons and coming from the lower strata of the society as they belong to Tribal community. Therefore, instead of entering into the technicalities and with a view to do the substantial justice, the Court below was required to adopt lenient view. (Para 6)."
The object of the Act, which is a benevolent provision or social welfare legislation under which, compensation is paid, has to be considered liberally and the intention of the Legislature enacting such provisions to achieve the said object, has to be considered. While Page 7 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined interpretation of the provisions of social welfare legislation, the Courts should adopt an approach in such a manner, that in any event, it fulfills the policy of the legislation. The interpretation to be adopted, should be more beneficial to a person in whose favour and in whose interest the Act has been passed. While dealing with application under the Act, the interpretation has to be for the benefit of the poor victims. It is, therefore, necessary to take a constructive and positive attitude in interpreting the provisions of these types and determine the main aim or object of a particular Act in question for adjudication before the Court. (5.13) The Act and the Rules framed thereunder also do not empower the Claims Tribunal to dispose an application merely for default of the applicant without arriving at findings on merits of the case, after the stage of framing issues. In the instant case, issues were framed, and thereafter, the learned Tribunal was Page 8 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined required to decide the case on merits with a view to provide substantial justice, instead of entering into the technicalities. (5.14)"
4. The learned Tribunal could have followed the judgment in the case of Jai Prakash Vs. National Insurance Company Ltd. reported in (2010) 2 SCC 607 and could have decided the compensation relying upon Form-54. In the case of Bharatbhai Narsinghbhai Chaudhary (supra), it has been further held as under:-
"The Act and the Rules framed thereunder also do not empower the Claims Tribunal to dispose an application merely for default of the applicant without arriving at findings on merits of the case, after the stage of framing issues. In the instant case, issues were framed, and thereafter, the learned Tribunal was required to decide the case on merits with a view to provide substantial justice instead of entering into the technicalities."
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NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined
5. The Tribunal ought to have kept in mind that the rules are made to strengthen the powers of the Court/Tribunal. Every effort should be made to hear the case on merits after the stage of framing of issues. The Courts are lauded as they are to do substantial justice. Even if the matter gets dismissed for default on some technical ground or because of some carelessness or inability or inadvertence of the applicant, the Claims Tribunal can be informed of the social object of the Motor Vehicle Act and should have condoned such acts of the applicant and ought to have restored the matter for hearing on merits.
6. The impugned order itself suggests that the learned Tribunal has not entered into the merits of the case, as the petitioner had moved an application below Exh.33, and also a prayer was made declaring the death of the original claimant and even a prayer was made to join them Page 10 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined as legal heirs.
7. Taking into consideration the reasons given hereinabove, the learned Tribunal has failed to take into consideration the object of benevolent act. The learned Tribunal is always required to decide the claim petition on merits, and in a condition if at all, after giving a reasonable time, the claimant himself would not be in a position to adduce evidence, then the learned Tribunal ought to have called for Form No.54 from the police for verifying the facts and should have granted the compensation amount accordingly. The Tribunal ought to have kept in mind that the rules are made to strengthen the powers of the Court/Tribunal. Every effort should be made to hear on merits after the stage of framing of issues.
8. In the result, the order dated 02.09.2023 passed in MACP No.394 of 2011 by Page 11 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024 NEUTRAL CITATION C/FA/100/2024 ORDER DATED: 10/01/2024 undefined M.A.C.T (Aux.) Surat is quashed and set aside, and the matter is ordered to be restored in the file of the concerned Tribaunl with a direction that the opportunity be granted to all the parties to the litigation to produce evidence on record. Let the matter be decided on merits and be concluded preferably within six months from the date of writ of this Court.
Direct service is permitted.
(GITA GOPI,J) Pankaj Page 12 of 12 Downloaded on : Mon Jan 15 20:36:01 IST 2024