Geetha & Another vs Balbir Singh & Ors.
2009 Latest Caselaw 4243 Del

35
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      FAO.No.227/2003

                             Date of Decision: 21st October, 2009
%

      GEETHA & ANOTHER                  ..... Appellants
                   Through : Ms. K.R. Chitra, Adv.

                  versus

      BALBIR SINGH & ORS.                        ..... Respondents
                    Through : None.

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 appellant has challenged the award of the learned

Tribunal whereby their claim petition was dismissed by the

learned Tribunal.

2. The accident dated 19th June, 1989 resulted in the

death of Parashwanath. The deceased was survived by his

widow and mother who filed the claim petition before the

learned Tribunal.

3. The learned Tribunal dismissed the claim petition on

the ground that the claimants could not produce any eye-

witness to prove the accident.

4. 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 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, no such inquiry has been

conducted in this matter.

5. The appeal is allowed and the impugned award of the

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

the learned Tribunal to conduct a proper inquiry under

Sections 168 and 169 of the Motor Vehicles Act. The learned

Tribunal may summon the Investigating Officer and the

criminal record pertaining to this case while conducting such

an inquiry.

6. The parties are directed to appear before the learned

Tribunal on 23rd November, 2009.

7. The LCR be returned forthwith.

J.R. MIDHA, J

OCTOBER 21, 2009 mk