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1 - 4 of 4 (0.17 seconds)Section 115 in The Motor Vehicles Act, 1988 [Entire Act]
Sunil Shivran Alias Sevaram Rabari vs Nirmalsing Triloksing on 28 August, 2018
In the case of Sunil Shivran @ Sevaram Rabari v.
Nirmalsing Triloksing & Others reported in 2019 (1)
G.L.R. 694, it has been held that the claim petition
cannot be dismissed for default. It is the duty of the
Tribunal to award just and reasonable compensation
based on material available on record. The Tribunal
has to call for relevant information in Form No.56
from the Investigating Agency. The law permits to
record evidence by affidavit. When the claim
petition gives details of claim, nature of accident, the
Tribunal is required to award just compensation and
further, no matter can be disposed of without doing
justice.
Joshi Rajendrakumar Popatlal vs Thakor Ramnaji Hamirji on 30 January, 2019
In the case of Joshi Rajendrakumar Popatlal v.
Thakor Ramnaji Hamirji and Others reported in 2019
(2) G.L.R. 1508, it has been held that the Tribunal
cannot dismiss claim petition on the ground that the
claimant has not produced driving license, R.C. Book
or Insurance policy of vehicle involved in accident.
The Tribunal is required to call for such information
from the Investigating Agency. It is mandatory for
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C/SCA/20787/2022 JUDGMENT DATED: 17/10/2022
the Investigating Agency to collect such information
and forward it to the Tribunal in Accident
Information Report in Form 54 under Rule 150 within
30 days. The Tribunal is required to treat the said
report as application for compensation and award just
and reasonable compensation to the claimant without
waiting for filing of claim petition. The Court
disapproved the conduct of the Tribunal in not calling
for said information from the Investigating Agency
and the order of the Tribunal was quashed and set
aside. It was also held that the claimant may
disclose the said information only if he is aware. The
disclosure in the claim petition by the driver, owner
and insurer of the offending vehicle is sufficient. The
owner and driver though served with summons did
not appear, the insurance company appeared but did
not file a written statement. It was also held that
there was no reason for the Tribunal to dismiss the
claim petition but the Tribunal is required to call for
Accident Information Report in Form 54 from the
Investigating Officer.
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