Delhi High Court
The Commandant, vs Smt.Rakhi & Ors. on 13 July, 2011
Author: Indermeet Kaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 13.7.2011
+ MAC APPEAL No.549/2010
THE COMMANDANT,
25, BATTALION, PAC ...........Appellant
Through: Mr.Anil Mittal, Advocate.
Versus
SMT.RAKHI & ORS. ..........Respondent
Through: Mr.Deepender Huda, Advocate for respondents no.1 to 5.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
Whether the Reporters of local papers may be allowed to
see the judgment?
To be referred to the Reporter or not? Yes
Whether the judgment should be reported in the Digest? Yes
INDERMEET KAUR, J. (Oral)
1. This appeal has impugned the award dated 12.3.2010 by virtue of which compensation in the sum of Rs.6,71,000/- had been awarded in favour of the claimants. The deceased Bal Bhushan Thakur was driving a motorcycle when he suffered an accident and succumbed to injuries. This was on 7.6.2008. Oral and documentary evidence was led and the aforenoted amount was awarded in favour of the claimants. Today before the court the only argument urged is that the income tax return of two years relied upon by the Tribunal had not been proved in accordance with law; only photocopy of the same had been produced and they had only been marked. Attention has been drawn to testimony of PW-1 who had produced the photocopy of the assessment form for the year 2003-04 which had been marked as Mark A and the photocopy of the assessment for the year 2005-05 had been marked as Mark B. These returns had been taken into account by the Tribunal as an indicator indicating the earnings of the deceased.
2. The Motor Vehicle Act is a benevolent legislation which has been engrafted in order that "just compensation" is awarded in favour of a hapless claimant who has suffered pecuniary and non-pecuniary sufferance because of the death of a close one. The strict rules of evidence are not applicable. Under Section 169 of the Motor Vehicle Act the claim Tribunal has all the powers of a Civil Court, and it may chose to follow the procedure laid down in the Code of Civil Procedure; under Section 168 of the Act the Tribunal is empowered to follow such a summary procedure as it things fit. Intention is that the enquiry should not take the shape of an elaborate and long drawn out proceeding of a regular suit, but should be concluded as speedily as possible. Principles of justice, equity and good conscience are required to be followed; to apply a hyper technical view would in fact defeat the very purpose and object behind the enactment of the Act.
3. The testimony of PW-1 in whose version the aforenoted document had been exhibited was not cross-examined on any count. It was never the contention of the respondent that these documents are not true copies or that the carbon copies are not copies of the original; in fact, in the absence of any cross-examination of PW-1 the aforenoted documents were rightly relied upon by the Tribunal to draw a conclusion about the income of the deceased. Impugned Award had not been challenged on any other ground; it suffers from no infirmity. Appeal is dismissed.
INDERMEET KAUR, J.
JULY 13, 2011
nandan
