Appeal on motor accident compensation order
pranab majumdar
(Querist) 10 December 2019
This query is : Resolved
Referrence is made to my query dtd 04/12/19.
My nephew(suppose A) a school teacher was riding his motor bike along with a co-teacher(suppose B)as pillion rider.suddenly from opposite direction a chakhado rickshaw came with high speed and hit them.both of them fallen on road as injured and brought to hospital by 108 ambulance.
'A' got head injury,facial injury,fracture in leg,later on shifted to his home Town and under treatment for a long time.'B' got multiple injury & treated in hospital.
'B' filed a compensation claim in tribunal against 1) chakhado rickshaw 2) 'A' 3) insurance company of 'A's motor bike.
My queries were-1) A could not defend as he did not receive summons.
2)can a pillion rider allege rash driving against the driver with whom he is riding?
All the respected lawyers Mr S b Karma ,Mr Sankar Narayanan and Dr J CVasistha
given valuable advises &suggested to engage a local lawyer.
I will do so but before that I get some guidance I will be highly obliged.
A few line from Hon'ble Judge's observation while reasoning the Award.
"It is true that the notice could not be served on the driver & owner of the motor bike,
however,due to that reason it can not be said the motor cycle driver was not negligent.Further it is true that the F.I.R and charge sheet is filed against the driver of
Chakhado rickshaw but it cannot be said that the motor cycle driver was not negligent at all."
In view of the above
Appeal can be based on1)'A' could not defend himself in court of law because of not
receiving summons.2) F.I.R & charge sheet is against chakhado rickshaw driver only
not the motor cycle owner & driver.
(judgement passed nearly two years ago as composite negligence and all the opponents asked to pay jointly and severally)
Sb Karma
(Expert) 10 December 2019
yes paid jointly,
and what exactly you want to know ...now after 2 years
Sb Karma
(Expert) 10 December 2019
please explain what you want now
pranab majumdar
(Querist) 10 December 2019
Respected Sb Karma sir,
Though the order is near about two years old but not paid anything because till date no information to 'A'.As you already advised if now they knock the door appeal can be done even now also.
I just want guidance as base of the appeal adhered on hon'ble judge's observation
as it should be strong enough as suggested by you.please help me by your valuable
suggestions as I am the only guardian of my nephew.after that I will definitely engage
a local lawyer.thanks a lot.
Regards.
Raj Kumar Makkad
(Expert) 10 December 2019
Even if the summons could not be served upon to the driver and owner of the offending vehicle, even then the certified copy of the FIR and further charge-sheet filed against the driver before the criminal court and the certified copy of the Sapurdari application and the order of release of the vehicle in favour of the owner of the offending vehicle shall be suffice to be put in the claim petition by the petitioners.
Raj Kumar Makkad
(Expert) 10 December 2019
As your case stands decided two years back wherein the same was dismissed so you have no other option but toe file an appeal against the same before High Court wherein the possibility of the condonation of delay cannot be ruled out.
pranab majumdar
(Querist) 10 December 2019
Respected raj Kumar makkad sir,
Lot of Thanks by heart for your valuable guidance.I fullly agree with your view that filing an appeal may have risk of condonation of delay.Partly understood about not getting summons.But one doubt F.I.R and charge sheet was against chakhado auto driver not against the owner &driver of motor bike Mr.'A' as observed by hon'ble judge.The motor bike was not ceased by the police.Both 'A' & 'B'
were victims of the accident hit by chakhado auto.Is these things helpful.pl. advice.
Regards.
Sb Karma
(Expert) 11 December 2019
FIR and Charge sheet was not included A
then First of all STOP worrying......
If summons not delivered then again stopped worrying....
I will suggest you best to try mutual understanding....
or if you want to knock the justice door...then you may
you will get justice but may be time taken long.......
Dr J C Vashista
(Expert) 11 December 2019
An order passed by Motor Accident Claims Tribunal can be challenged in Writ petition before High Court where question of limitation is not emphasised, but certainly "non-appealable".
You have not informed whether all the parties to the claim i.e., driver and owner of offending vehicle and insurance company have been served or not . Whether your claim has partially been allowed or dismissed for non-prosecution? What is the fate of criminal case against the driver of offending vehicle ?
There are many facts which are necessary to be observed/ considered before forming an opinion and oblige, therefore it is imperative to consult and engage a local prudent lawyer for better appreciation of case, guidance and proceeding.
pranab majumdar
(Querist) 11 December 2019
Respected Sb Karma sir,
Lot of thanks by heart.I appreciate your confidence building guidances.your thoughtful suggestions are well accepted.
High Regards.
pranab majumdar
(Querist) 11 December 2019
Respected Dr J C Vashista sir,
Lot of thanks by heart.I fullly agree with your opinion that there are many facts which are necessary to be observed/considered.I will engage a local lawyer as advised.
High Regards.
Sb Karma
(Expert) 12 December 2019
Pranab Majumdar.....Thank you বলার কোনো কারণ নেই | তোমাকে হেল্প করতে পারলাম এটা আমার gain |
ভালো থেকো.........Thank you!
