Shyamala Tirkey v. Bapi Saha And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

FMAT(MV)/1/2023 Shyamala Tirkey

Versus

Bapi Saha and others Mr. Ajay Kumar Mandal ... for the petitioner Mr. Rakesh Pal Gobind ... for the respondent No. 1 and 2 Mr. Ajay Majhi ... for the respondent No.3 (on behalf of Mrs. Anjili Nag) April 28, 2023 [AKB] Item No. 5 The appellant has preferred the present appeal against the award passed by the learned Motor Accident Claims Tribunal, North and Middle Andaman, Mayabunder in MAC Case No. 7 of 2018 (Joseph Tirkey and Shyamala Tirkey vs. Bapi Saha and others). Learned counsel for the appellant submits that the matter was fixed before the learned tribunal on 06.12.2022 for PH but on the date fixed the counsel for the claimant/appellant had filed an application for adjournment. But the learned Tribunal has rejected the application filed by the counsel for the claimant/appellant and had passed the impugned judgement.

Counsel for the appellant submits that the learned Tribunal has not given an opportunity to the claimant to adduced further evidence and on the same day the application for adjournment was rejected and passed the impugned award by dismissing the claim filed by the claimant.

Mr. Rakesh Pal Gobind, learned advocate representing the opposite party No. 1 and 2 submits that he also intend to adduce evidence in the present case before the learned Tribunal. Learned counsel for the opposite party No. 3 submits that an opportunity was given to the claimant but the claimant had produced witness on the date fixed and accordingly learned tribunal has rightly dismissed the application filed by the claimant.

Considering the submission made by the respective parties this Court find that the award passed by the learned Member, Motor Accident Claim Tribunal is not a reasoned order and without giving an opportunity of hearing to the parties has dismissed the MAC Case No. 7 of 2018. Accordingly, the award dated 06.12.2022 is set aside and quashed. The MAC Case No. 7 of 2018 is remanded to the learned Member of Motor Accidents Claims Tribunal (Additional District Judge, North and Middle Andaman,

Mayabyunder) with the direction to restore the MACT Case No.7 of 2018 in its original file and to allow the claimant to adduce evidence as well as the other parties and after giving an opportunity of hearing to all the parties the learned Member of the Motor Accidents Claims Tribunal is directed to disposed of the MAC Case No. 7 of 2018 within a period of six months from the date of receipt of the copy of this order. FMAT (MV)/1/2023 is disposed of.

(Krishna Rao, J.)