Delhi High Court
Meena Saxena vs Shahid Khan & Ors. on 6 March, 2012
Author: J.R. Midha
Bench: J.R. Midha
R-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 915-17/2005
% Date of decision: 6th March, 2012
MEENA SAXENA ...... Appellant
Through : Mr. Bijender Singh, Adv.
versus
SHAHID KHAN & ORS. ..... Respondents
Through : Mr. Ashok Popli, Adv. for R-1&2.
Ms. Suman Bagga, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the judgment of the Claims Tribunal whereby his claim petition has been dismissed.
2. The accident dated 25th March, 2001 resulted in the death of R.B.L. Saxena. The deceased was driving his two wheeler scooter bearing No.DL-4SD-3652 which met with an accident. The police received an intimation on phone that car bearing No.DL-4CN-0636 has caused the accident whereupon the PCR came on the spot and took the deceased to the hospital. The police registered FIR No.63/2001, PS Inderpuri under Sections 279/337/304A IPC against respondent No.1. The deceased later died in the hospital leaving behind his widow, one son and one daughter who filed the claim petition before the Claims Tribunal.
MAC.APP.915-17/2005 Page 1 of 4
3. Respondents No.1 and 2 denied the accident in their written statement before the Claims Tribunal. The defense taken was that respondent No.1 was helping the scooterist who had fallen down from his scooter for medical aid and the people gathered there falsely implicated respondent No.1.
4. The learned counsel for the appellant submits that no help or no medical aid whatsoever has been rendered by respondent No.1. Respondent No.1 in fact ran away from the spot and the people who saw the accident reported the matter to the police whereupon the police registered the FIR. It is submitted that the police has failed in its duty to file the accident information report under Section 158(6) of the Motor Vehicles Act. It is further submitted that Claims Tribunal has not conducted any inquiry under Section 168 of the Motor Vehicles Act to find out the truth.
5. In the case of Mayur Arora v. Amit, 2011 (1) TAC 878 this Court held the scope of inquiry under Sections 168 and 169 of the Motor Vehicles Act, 1988 as under:-
"10.1. The inquiry contemplated under Section 168 of the Motor Vehicles Act, 1988 is different from a trial. The inquiry contemplated under Section 168 of the Motor Vehicles Act arises out of a complaint filed by a victim of the road accident or an AIR filed by the police under Section 158(6) of the Motor Vehicles Act which is treated as a claim petition under Section 166(4) of the Motor Vehicles Act. These provisions are in MAC.APP.915-17/2005 Page 2 of 4 the nature of social welfare legislation. Most of the victims of the road accident belong to the lowest strata of the society and, therefore, duty has been cast upon the police to report the accident to the Claims Tribunal and the Claims Tribunal is required by law to treat the Accident Information Report filed by Police as a claim petition. Upon receipt of report from the police or a claim petition from the victim, the Claims Tribunal has to ascertain the facts which are necessary for passing the award. To illustrate, in the case of death of a victim in a road accident, the Tribunal has to ascertain the factum of the accident; accident having being caused due to rash and negligent driving; age, occupation and income of the deceased; number of legal representatives and their age. If the claimants have not produced copies of the record of the criminal case before the Claims Tribunal, the Claims Tribunal is not absolved from the duty to ascertain the truth to do justice and the Claims Tribunal can summon the investigating officer along with the police record."
5. The record of the Claims Tribunal reveals that the Claims Tribunal has not conducted any inquiry into the matter as contemplated by the Motor Vehicles Act. In that view of the matter, the impugned judgment of the Claims Tribunal is liable to be set aside.
6. In the facts and circumstances of this case, the appeal is allowed and the impugned award of the Claims Tribunal is set aside. The claim petition of the appellant is remanded back to the Claims Tribunal for conducting an inquiry under Sections 168 and 169 in terms of the judgment of this Court in Mayur Arora (supra).
MAC.APP.915-17/2005 Page 3 of 4
7. Notice be issued to the SHO PS Inder Puri to file accident information report under Section 158(6) of the Motor Vehicles Act within four weeks.
8. While conducting the inquiry, the Claims Tribunal shall consider examining Investigating Officer, respondents No.1 and 2 or any other person under Section 165 of the Indian Evidence Act to find out the truth.
9. The parties are directed to appear before the Motor Accident Claims Tribunal, Dwarka on 28th March, 2012.
10. Considering that this case relates to an accident dated 25th March, 2001, the Claims Tribunal shall endeavour to complete the inquiry expeditiously.
11. The LCR be sent back forthwith.
12. Copy of this judgment be sent to the SHO, PS Inderpuri through the Standing Counsel (Criminal) Government of NCT of Delhi.
J.R. MIDHA, J MARCH 06, 2012 mk MAC.APP.915-17/2005 Page 4 of 4