R-14/(P-II)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.516/2008
% Date of decision: 3rd February, 2012
RAJ DULARI & ORS. ..... Appellants
Through : Mr. S.N. Parashar, Adv.
versus
DTC & ANR ..... Respondents
Through : Mr. J.N. Agarwal, Adv.
for R-1/DTC.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellants have challenged the award of the Claims Tribunal whereby their claim petition was dismissed by the Claims Tribunal.
2. The accident dated 11th May, 1999 resulted in the death of Kewal Kishore Kashyap. The legal representatives of the deceased filed the claim petition before the Claims Tribunal.
3. The Claims Tribunal dismissed the claim petition on the sole ground that PW-3 Kalu Ram, the eye-witness to the accident had retracted the statement before the Criminal Court.
4. The learned counsel for the appellants submit that the Claims Tribunal has not conducted any inquiry under Section 168 of the Motor Vehicles Act in terms of the judgment of this MAC.APP.No.516/2008 Page 1 of 3 Court in the case of Mayur Arora v. Amit, 2011 (1) TAC 878 to find out the truth.
5. In the case of Mayur Arora (supra), this Court held 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 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."
6. The record of the Claims Tribunal reveals that the Claims Tribunal has not conducted any inquiry into the matter as MAC.APP.No.516/2008 Page 2 of 3 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.
7. 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 appellants is remanded back to the Claims Tribunal for conducting an inquiry under Section 168 in terms of the judgment of this Court in Mayur Arora (supra).
8. The parties are directed to appear before the Claims Tribunal on 9th April, 2012.
9. Considering that this case relates to an accident dated 11th May, 1999, the Claims Tribunal is directed to endeavour to complete the inquiry within a period of six months from the receipt of this order.
10. Copy of this order be sent to the SHO, PS Sultan Puri who shall file the Accident Information Report under Section 158(6) of the Motor Vehicles Act before the Claims Tribunal within a period of four weeks from the receipt of this order.
J.R. MIDHA, J FEBRUARY 03, 2012 mk MAC.APP.No.516/2008 Page 3 of 3