Dhanpati & Ors vs Subhash & Ors
2009 Latest Caselaw 4611 Del

23
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.493/2007


                            Date of Decision: 11th November, 2009
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      DHANPATI & ORS                       ..... Appellants
               Through : Mr. Navneet Goyal and
                         Mr. Varun Kumar, Advs.

                          versus

      SUBHASH & ORS                    ..... Respondents
              Through : Mr. Mohan Babu Aggarwal, Adv.
                        for R-2.


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?



                          JUDGMENT (Oral)

1. The appellants have challenged the award of the

learned Tribunal whereby their claim petition was dismissed

by the learned Tribunal on the ground that the owner of the

offending vehicle could not be served.

2. The accident dated 1st November, 1995 resulted in the

death of Chander Pal Singh. The deceased was survived by

his widow, one son and two daughters who filed the claim

petition before the learned Tribunal.

3. Section 168 of the Motor Vehicles Act provides that the

learned Tribunal shall conduct an inquiry into the claim

petition. Section 169 of the Motor Vehicles Act provides that

the learned Tribunal shall follow such summary procedure as

it may deem fit to conduct such an inquiry. The inquiry

stipulated in Section 168 of the Motor Vehicles Act is

different from the civil trial. Section 168 of the Motor

Vehicles Act casts a duty on the learned Tribunal to conduct

an inquiry in a meaningful manner. The object of the

legislature behind making this provision is that the victims of

road accident are not left at their own mercy. However, the

learned Tribunal has not conducted any such inquiry in this

matter and has dismissed the claim petition on technical

grounds.

4. In the facts and circumstances of this case, the appeal

is allowed and the impugned award of the learned Tribunal is

set aside. The case is remanded back to the learned Tribunal

who shall conduct a fresh inquiry under Sections 168 and

169 of the Motor Vehicles Act after giving adequate

opportunities to both the parties. The learned Tribunal may

summon the owner through the local police while conducting

such an inquiry.

5. The parties are directed to appear before the learned

Tribunal on 21st December, 2009.

6. The LCR be returned forthwith.

7. The learned counsel for respondent No.2 submits that

in the event of claim petition being allowed, respondent No.2

should not be burdened with the interest for the period

during which the appeal was pending before this Court.

8. Respondent No.2 shall raise this plea before the

learned Tribunal who shall consider the same in accordance

with law.

9. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signature of Court Master.

J.R. MIDHA, J

NOVEMBER 11, 2009 mk