Satyabrata Sinha, J. - (1.) This appeal is directed against a judgement and award dated 8.9.99 passed in M. A.C.C. 423 of 1995, whereby and whereunder the claim petition filed by the appellant herein has been dismissed. The main reason for dismissal of the claim petition as it appears from the impugned Award dated 15th September, 1999 is delay in lodging the first formation report.
(2.) The appellant's application under had been allowed and the appellant had been permitted to receive a sum of Rs. 25,000/-.
(3.) Having heard the learned counsel for the parties, we are of the opinion that the learned Tribunal was wrong in rejecting the claim application filed by the appellant, inter alia, on the ground that there has been a delay in lodging the First Information Report. Delay in lodging the First Information Report may not by itself be a ground for rejecting such application as in our opinion, if the said view is accepted, the purport and object of the provisions of the Motor Vehicles Act in this regard would become frustrated. According to the appellant, he had sustained grievous injuries as a result whereof he became entitled to grant of compensation. Whether he has been able to prove the pecuniary loss and/or to what extent he is entitled to grant of compensation is not a matter which falls for our consideration at this juncture inasmuch as the learned Tribunal has not addressed itself in this regard. It would, therefore, be open to the parties to raise their respective contentions on merit of the matter before the learned Tribunal. We may also observe that keeping in view the peculiar ffs and circumstances of this, the learned Tribunal may also consider the desirability of allowing the parties to adduce other or further evidence if an appropriate application is filed in that regard.;