NEUTRAL CITATION
C/FA/4529/2006 ORDER DATED: 18/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4529 of 2006
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PATEL NAVNITKUMAR AMBALAL
Versus
HAFIZUDDIN GULAMUDDIN KAZI & 3 other(s)
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Appearance:
MR JV JAPEE(358) for the Appellant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1,3,4
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 18/09/2023
ORAL ORDER
1. This appeal is filed under Section 173 of the Motor Vehicle Act, 1988 by the appellant-original claimant, assailing the judgment and award dated 04.03.2006 in MACP No.662 of 2000 passed by the MACT (Aux.) Sabarkantha at Himmatnagar by which the tribunal after considering the evidence on record, was pleased to dismiss the petition on the ground of suppression of material facts.
2. This Court has heard learned counsel Mr. J.V. Japee and Mr. Palak Thakkar for the respective parties.
3. Facts and circumstances giving rise to file present appeal are that, the appellant Patel Navneetkumar Ambalal sustained injuries in motor vehicle accident, occurred on 11.11.1998 at about 7:00 p.m. at the place as mentioned in the case papers. According to the case of appellant, the appellant being a pillion Page 1 of 5 Downloaded on : Mon Sep 18 20:48:21 IST 2023 NEUTRAL CITATION C/FA/4529/2006 ORDER DATED: 18/09/2023 undefined rider of motorcycle, was passing on the road and at that time, he haulted for urination and thereafter, he along with the driver of the motorcycle, was standing besides the road. It is further alleged that, when they were standing on the road, the offending rickshaw No.GJ-01-U-191 came from opposite direction being driven by its driver in a rash and negligent manner and dashed with the motorcycle, as a result of which, he sustained bodily injuries in the nature of fractures as per the medical evidence. At the relevant time, the claimant was aged about 38 years old doing his cotton business and also looking after their agricultural processes. He has further pleaded that due to said injuries, he suffered permanent partial disablement and his earning capacity was reduced to the extent of disablement. The claim petition was resisted by the insurance company of the rickshaw, inter alia, stating that, there was no any negligence on the part of rickshaw driver and the vehicle having insurance policy was wrongly joined to obtain the amount of compensation as the motorbike was without insurance and therefore, by making false averments in the petition contrary to the FIR and panchnama and chargesheet of criminal case, the false case being filed with a view to get the amount of compensation from the insurance company.
4. The tribunal after considering the oral as well as documentary evidence, came to conclusion that, the claimant has suppressed the material facts on the issue of incident and his oral evidence is contrary to the FIR and other papers. The tribunal was not satisfied with the facts of the incident as Page 2 of 5 Downloaded on : Mon Sep 18 20:48:21 IST 2023 NEUTRAL CITATION C/FA/4529/2006 ORDER DATED: 18/09/2023 undefined narrated in the petition and finally came to conclusion that with a view to get the compensation from insurance company of the rickshaw, on the premise of false pleadings, the petition is filed. The tribunal has rejected the claim with cost.
5. Being dissatisfied with the dismissal of claim petition, the original claimant has preferred the present appeal on the grounds mentioned in the appeal memo.
6. Mr. J.V. Japee, learned counsel for the appellant has submitted that, once the factum of accident and involvement of the vehicle proved and established, the burden shifts upon the opponent to prove that, the accident as narrated has not occurred. In the facts of the present case, the tribunal erred in dismissing the appeal as the respondents herein have failed to discharge their burden in disproving the factum of accident and issue of negligence.
7. on the other hand, Mr. Palak Thakkar, learned counsel appearing for the insurance company has supported the findings recorded by the tribunal and contended that, the learned tribunal has rightly relied on the FIR and chargesheet case papers so as to t decide the issue of negligence.
8. Having heard learned counsel for the respective parties, the issue falls for consideration of this Court is whether decision of dismissal of the claim needs any interference?
9. Before adverting to the issue, it is necessary to refer the Page 3 of 5 Downloaded on : Mon Sep 18 20:48:21 IST 2023 NEUTRAL CITATION C/FA/4529/2006 ORDER DATED: 18/09/2023 undefined settled principle in relation to the claim petition filed under the provisions of Motor Vehicle Act. A claim before the Motor Accident Claim Tribunal is neither a criminal case, nor a civil case and therefore, the standard of proof is much below what is required in criminal cases as well as in civil cases. No doubt, before the tribunal, there must be some material on the basis of which the tribunal can arrive or decide thing necessary to be decided for awarding compensation. But, the tribunal is not expected to take or to adopt the nicety of a civil or of a criminal case. After all, it is a summary inquiry and this is a legislation for the welfare of the society and Court should not succumb to niceties, technicalities and Court is bound to take broad view of the entire matter.
10. In light of the settled proposition of law and applying the same to the facts of the present case, this Court is of considered view that, the tribunal has not committed any error either on facts or on law. The appellant before the tribunal examined himself at Exh.43 and has relied on the FIR, panchnama of place of incident and the chargesheet produced at Exh.44, 45 and 61. The criminal complaint was filed by the driver of the rickshaw wherein he had disclosed the factum of accident stating inter alia that, at relevant time, due to issue of headlight of the rickshaw, he had parked the rickshaw beside the road and was doing repairing work, so that with the headlight he can proceed further. It was further disclosed that, when he was busy with the repairing work of the headlight, the bullet motorbike came from opposite direction and dashed with the rickshaw, as a result, the alleged incident has arisen. The Page 4 of 5 Downloaded on : Mon Sep 18 20:48:21 IST 2023 NEUTRAL CITATION C/FA/4529/2006 ORDER DATED: 18/09/2023 undefined theory of accident pleaded in the petition to the effect that when the appellant was standing beside the road, the rickshaw came in a rash and negligent manner driven by its driver and dashed with the motorbike. In these background facts, the tribunal after considering the facts disclosed in the FIR and final chargesheet submitted against the driver of the motorbike, came to conclusion that, the theory of the accident alleging the negligence on the part of the rickshaw driver is not acceptable and the facts of real incident has been suppressed by the appellant-claimant. After respondent-analysis of the evidence, this Court also finds that, the factum of incident disclosed in the FIR is not controverted or challenged by the appellant-claimant. The bullet bike was not having insurance and therefore, in order to get the amount of compensation from rickshaw, the contradictory pleadings were pleaded alleging the negligence of the rickshaw driver.
11. For the reasons recorded, the observations so made and findings record by the learned tribunal, are based on the evidence on record and it cannot be termed as perverse and arbitrary and therefore, no fault can be found with the findings of dismissal of the claim petition recorded by the tribunal. Consequently, in view of the above, the present appeal is dismissed being devoid of any merits.
(ILESH J. VORA,J) TAUSIF SAIYED Page 5 of 5 Downloaded on : Mon Sep 18 20:48:21 IST 2023