Puran Mahto vs New India Assurance Co. Ltd.
2022 Latest Caselaw 721 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               M. A. No. 203 of 2009

1.   Puran Mahto
2.   Fuchni Devi
3.   Sarita Devi
4.   Ladhiya Devi
5.   Jhingia Devi                             ....     .... Appellants
                    Versus
1. New India Assurance Co. Ltd., Bokaro
2. Rishideo Yadav
3. Surendra Kumar Mahto               .... ....  Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellants : Mr. Arvind Kumar Lall, Advocate For the Respondent : Mr. D.C. Ghose, Advocate

Oral Order 11 / Dated : 25.02.2022

1. This appeal has been preferred by the claimants against the dismissal of claim case bearing M.V. Claim Case No. 65 of 2005 passed by the 1stAdditional District Judge-cum-Motor Vehicle Accident Tribunal, Bermo at Tenughat.

2. The dismissal has been assailed mainly on the ground that the learned Tribunal dismissed the claim application on the preliminary point that the driving license of the driver and registration certificate of the offending vehicle was not produced by the claimants. Further ground of dismissal was that the Insurance policy was produced by the claimant but in the claim application it was not specifically pleaded that the offending vehicle was under the insurance cover of O.P. No. 1. It is submitted in this regard that the learned Tribunal completely misdirected itself to apply the strict rule of pleading and evidence in an enquiry in a motor vehicle accident claim case. The written statement was filed by the Insurance Company and it was not disputed that the offending vehicle was not insured or the driver was not having valid and effective driving license. Under the circumstance, the finding on this issue of the learned Tribunal is perverse.

3. Learned counsel appearing for the Insurance Company has defended the impugned order.

4. The judgment of dismissal of the claim application is set aside for the reason in a summary inquiry in motor accident claim case, the Tribunal

dismissed the claim case by applying strict rules of pleading and pleadings and evidence. Even otherwise there is no absolute rule of law that evidence beyond pleading in all circumstances cannot be considered.

Under the circumstance impugned judgment is set aside and the case is remanded back to the learned Tribunal. Let a copy of this order along with lower court record be sent back to the Tribunal with a direction that the Tribunal after re-admitting the claim case, under its original number will proceed and determine the case on the basis of the evidence on record and such further evidence as it deems proper within three months from the date of receiving the record of the case. The parties are directed to appear before the learned Tribunal on 7th March 2022.

(Gautam Kumar Choudhary, J.) AKT