Smt. Kalawati vs Smt. Raj Khanna And Others
2023 Latest Caselaw 13178 ALL

Citation : 2023 Latest Caselaw 13178 ALL
Judgement Date : 27 April, 2023

Allahabad High Court

Smt. Kalawati vs Smt. Raj Khanna And Others on 27 April, 2023

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved on 16.3.2023
 
Delivered on 27.04.2023
 
Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 315 of 1997
 
Appellant :- Smt. Kalawati
 
Respondent :- Smt. Raj Khanna And Others
 
Counsel for Appellant :- Raj Singh,Sudhir Dixit
 
Counsel for Respondent :- A.A.Khan,Arvind Kumar,N.K. Sharma
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard Sri Sudhir Dixit, learned counsel for the appellant, Sri A.A. Khan, learned counsel for the respondent-Oriental Insurance Company Ltd. and Sri Achintya Kumar, learned Advocate assisting Sri Arvind Kumar, learned counsel for United India Insurance Co. Ltd.

2. By way of this appeal, the claimant has challenged the judgment and order dated 16.01.1997 passed by Motor Accident Claims Tribunal/VIth Upper District Judge, Aligarh dismissing the Motor Accident Claim Petition No. 9123 of 1987 preferred by the appellant-claimant.

3. The claimant has been dissatisfied with the approach of the learned Tribunal in dismissing the claim petition on a hyper technical ground namely that the name of the deceased mentioned in the F.I.R. and the name mentioned in the claim petition was different.

4. The perversity is writ large in the impugned judgment. Bir Sen Jain died on the spot. Learned Tribunal rejected the claim petition on the flimsy ground that name does not have 'Jain' added in it.

5. Can this be a ground to come to the conclusion that it is matter which requires dismissal. The Motor Vehicles Act, 1988 is a beneficial piece of legislation. The finding of fact as far as identity of the claimant is concerned is fallacious and is upturned.

6. This Court is fortified in its view by the decisions in Sunita and others Vs. Rajasthan State Road Transport Corporation and Another, 2019 LawSuit (SC) 190, Mangla Ram Vs. Oriental Insurance Company Limited and Others, 2018 (5) SCC 656 and Vimla Devi and others Vs. National Insurance Company Limited and another, (2019) 2 SCC 186.

7. In view of the above, this appeal is partly allowed.

8. Record and proceedings be sent back to the Tribunal who shall decide the matter within six months from today as evidence is already over and the only issues to be decided is quantum of compensation to be awarded.

Order Date :- 27.4.2023

DKS