Delhi High Court
Shashi & Ors. vs Mohan Varshney & Ors. on 27 April, 2012
Author: J.R. Midha
R-11 (Part-II)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.783-88/2006
% Reserve on : 27th January, 2012
Date of decision : 27th April, 2012
SHASHI & ORS. ...... Appellants
Through : Mr. S.N. Parashar, Adv.
versus
MOHAN VARSHNEY & ORS. ..... Respondents
Through : None.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. The appellants have challenged the order of the Claims
Tribunal whereby their claim petition has been dismissed as
not maintainable.
2. On 28th June, 2005 at about 1:35 pm, the deceased was
travelling as a pillion rider on motorcycle bearing No.UP-81-Q-
6549 and his brother was driving the said motorcycle. When
the said motorcycle reached in front of Sai Vihar Colony,
Aligarh, U.P., three persons riding on a motorcycle with an
intention to snatch the motorcycle and bag of cash came from
behind and shot gun injuries resulting in death of the
deceased. The deceased was survived by his wife, three sons
and parents who filed the claim petition before the Claims
Tribunal.
3. The Claims Tribunal dismissed the claim petition as not
maintainable without conducting any inquiry. In Mayur Arora
v. Amit, (2011) 1 TAC 878, this Court has held that the
Claims Tribunal has to conduct an inquiry to find out the truth.
The findings of this Court are reproduced hereunder:-
"10.1. The inquiry contemplated under
Section 168 of the Motor Vehicles Act, 1988 is
different from a trial. The inquiry contemplated under
Section 168 of the Motor Vehicles Act arises out of a
complaint filed by a victim of the road accident or an
AIR filed by the police under Section 158(6) of the
Motor Vehicles Act which is treated as a claim petition
under Section 166(4) of the Motor Vehicles Act.
These provisions are in the nature of social welfare
legislation. Most of the victims of the road accident
belong to the lowest strata of the society and,
therefore, duty has been cast upon the police to report
the accident to the Claims Tribunal and the Claims
Tribunal is required by law to treat the Accident
Information Report filed by Police as a claim petition.
Upon receipt of report from the police or a claim
petition from the victim, the Claims Tribunal has to
ascertain the facts which are necessary for passing
the award. To illustrate, in the case of death of a
victim in a road accident, the Tribunal has to ascertain
the factum of the accident; accident having being
caused due to rash and negligent driving; age,
occupation and income of the deceased; number of
legal representatives and their age. If the claimants
have not produced copies of the record of the criminal
case before the Claims Tribunal, the Claims Tribunal is
not absolved from the duty to ascertain the truth to do
justice and the Claims Tribunal can summon the
investigating officer along with the police record."
4. In the facts and circumstances of this case, the order of
the Claims Tribunal is liable to be set aside and the case is to
be remanded back to the Claims Tribunal for conducting a
fresh inquiry.
5. For the reasons as aforesaid, the impugned order is set
aside and the case is remanded back to the Claims Tribunal for
fresh inquiry. The Claims Tribunal shall also consider law laid
down by the Supreme Court, this Court and other High Courts
in Shivaji Dayanu Patil v. Vatschala Uttam More, 1991 ACJ 777,
Rita Devi v. New India Assurance Co. Ltd., 2000 ACJ 801 (SC),
Samir Chanda v. Managing Director, Assam State Trans,
Corporation, 1998 ACJ 1351 (SC), Kaushnuma Begum v. New
India Assurance Co. Ltd., 2001 ACJ 428, National Insurance Co.
Ltd. v. Shiv Dutt Sharma, 2004 ACJ 2049 (J&K), DTC v. Meena
Kumari, III (2010) ACC 72 and United India Insurance Co. Ltd. v.
Mosina, MAC.APP.No.73/2006 decided on 25th November, 2011
to determine whether the death occurred due to the accident
arising out of the use of a motor vehicle.
6. The parties are directed to appear before the Claims
Tribunal on 14th May, 2012.
7. LCR be returned back forthwith.
J.R. MIDHA, J
APRIL 27, 2012
