CIVIL APPEAL 116 of 2018 on 23 November 2009

O R D E R

18/03/2021

This record has been placed before this Court pursuant to a letter dated 01.03.2021 of Motor Accident Claims Tribunal (Court No.5), West Tripura judicial district, Agartala through the District and Sessions Judge, West Tripura, Agartala whereby the Member, MACT has requested the Registrar General, High Court of Tripura for placing the matter before the Court for granting further six month’s time for completing the trial of the Case.

Heard Mr. G. K. Nama, learned counsel appearing for the original claimant-petitioner. Heard Mr. Biswanath Majumder, learned counsel appearing for the insurance company.

This Court in MAC App. No.116/2018 passed the following order.

Having heard learned counsel appearing for the parties, this Court finds itself in agreement with the submission made by Sri D.K. Biswas, learned counsel for the appellant that it is a fit case which needs to be remanded back for it is a case of a mistrial which has resulted into travesty of justice as also seriously prejudicing the appellant herein.

On 23rd November, 2009, claimants met with a motor vehicle accident. The fault being that of driver of the offending vehicle bearing registration No.TR-03A-1867 owned by Sri Dulal Sarkar. The vehicle was insured with M/S. Oriental Insurance Company Limited.

The claim petition stood adjudicated by the Tribunal with the compensation determined only at `1,50,000/- along with interest, whereas the claimants who suffered serious injuries claimed compensation of more than `21,00,000/-. The claimants were precluded from placing the material in support of their claim, as a result of which the claim petition could not be adjudicated as was so required in accordance with law. The fault is definitely not that of the claimants for, diligently they had taken all steps for proving their claim.

As such, as mutually prayed for, impugned award dated 17th March, 2018 passed by the learned Member, Motor Accident Claims Tribunal No.1, West Tripura, Agartala, in T.S.(MAC) No.20 of 2013 titled as Sri Ashok Datta and another versus Sri Dulal Sarkar & others is quashed and set aside with the following directions :

(a) The claim petition being T.S.(MAC) No.20 of 2013 titled as Sri Ashok Datta and another versus Sri Dulal Sarkar & others shall stand revived.

(b) Parties are directed to appear before Tribunal on 30[th] September, 2019, when a date shall be fixed for further proceedings.

(c) It shall be open for the parties to place additional material in support of their respective contentions. Also if required amend the pleadings.

(d) Equally it shall be open for the parties to lead evidence in support of their claims.

(g) Steps for service of the parties shall be taken for proper representation before the Tribunal.

(e) Parties undertake not to take any unnecessary adjournments.

(f) Hearing is expedited. Since the claim petition pertains to the year 2013, an endeavour shall be made by the Tribunal to decide the same expeditiously and preferably within a period of nine months.

With these observations and directions, the present appeal stands disposed of. Pending application(s), if any, also stands disposed of. Record be sent back immediately.”

It is stated by the concerned Motor Accident Claims Tribunal that the case could not be disposed of within nine months in terms of the directions of this Court because the original claimant-petitioner and other parties did not appear before the Tribunal.

The Tribunal has therefore, sought for more six months’

time to dispose the matter.

It is submitted by Mr. Nama, learned counsel for the claimant petitioner that he will instruct the claimant petitioner to appear before the Tribunal on every date of hearing without fail.

Accordingly, further six months’ time is allowed to the Tribunal for completion of the trial. The claimant petitioners as well as the respondents are directed to appear before the Tribunal on the next date to be fixed by the Tribunal for receiving further instructions.

The next date will be fixed by the Tribunal within two weeks from the date of receipt of the records of the case from this Registry.

In terms of the above, matter is disposed of.

JUDGE