Delhi High Court
Raj Dulari & Ors. vs Dtc & Anr on 3 February, 2012
Author: J.R. Midha
R-14/(P-II)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.516/2008
% Date of decision: 3rd February, 2012
RAJ DULARI & ORS. ..... Appellants
Through : Mr. S.N. Parashar, Adv.
versus
DTC & ANR ..... Respondents
Through : Mr. J.N. Agarwal, Adv.
for R-1/DTC.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellants have challenged the award of the Claims
Tribunal whereby their claim petition was dismissed by the
Claims Tribunal.
2. The accident dated 11th May, 1999 resulted in the death
of Kewal Kishore Kashyap. The legal representatives of the
deceased filed the claim petition before the Claims Tribunal.
3. The Claims Tribunal dismissed the claim petition on the
sole ground that PW-3 Kalu Ram, the eye-witness to the
accident had retracted the statement before the Criminal
Court.
4. The learned counsel for the appellants submit that the
Claims Tribunal has not conducted any inquiry under Section
168 of the Motor Vehicles Act in terms of the judgment of this
Court in the case of Mayur Arora v. Amit, 2011 (1) TAC 878
to find out the truth.
5. In the case of Mayur Arora (supra), this Court held as
under:-
"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."
6. The record of the Claims Tribunal reveals that the Claims
Tribunal has not conducted any inquiry into the matter as
contemplated by the Motor Vehicles Act. In that view of the
matter, the impugned judgment of the Claims Tribunal is liable
to be set aside.
7. In the facts and circumstances of this case, the appeal is
allowed and the impugned award of the Claims Tribunal is set
aside. The claim petition of the appellants is remanded back
to the Claims Tribunal for conducting an inquiry under Section
168 in terms of the judgment of this Court in Mayur Arora
(supra).
8. The parties are directed to appear before the Claims
Tribunal on 9th April, 2012.
9. Considering that this case relates to an accident dated
11th May, 1999, the Claims Tribunal is directed to endeavour to
complete the inquiry within a period of six months from the
receipt of this order.
10. Copy of this order be sent to the SHO, PS Sultan Puri who
shall file the Accident Information Report under Section 158(6)
of the Motor Vehicles Act before the Claims Tribunal within a
period of four weeks from the receipt of this order.
J.R. MIDHA, J
FEBRUARY 03, 2012
mk
