Shivakant Prasad, J. - (1.) THE appellant/claimant has preferred the instant appeal under Section 173 of the M.V. Act, 1988 on being aggrieved by and dissatisfied with the judgment and award dated 02.4.2004 passed by the learned Additional District & Sessions Judge, 3rd Court, Alipore, South 24 -Parganas (hereinafter called the learned Tribunal Judge) in M.A.C. Case No. 164 of 2001 on the grounds inter -alia, that the learned Tribunal Judge erred in law and fact in dismissing the M.A.C. Case No. 164 of 2001 without considering the materials on record viz. claim petition, written statement, depositions, documents, exhibits etc. filed before the Tribunal and as such, the impugned award/order is bad in law and the same is liable to be set aside.
(2.) BRIEF case leading to the instant appeal is that on 30.3.2001 at about 5:30 P.M. the victim Kavita Kumari was returning towards her residence through A.J.C. Bose Road from East to West. When she reached near the crossing of A.J.C. Bose Road and Lord Sinha Road, all on a sudden one lorry bearing registration No. WB -25/3483 came with a high speed in a rash and negligent manner, endangering human lives and safety to others, without blowing any horn or without giving any signal knocked down the victim resulting in multiple severe injuries all over her person who was admitted to S.S.K.M. Hospital, Kolkata. It appears from the Order impugned that the learned Judge dismissed the claim application under Section 166 of the M.V. Act on consideration that the Charge -sheet has not been submitted by the I.O. over the motor accident to prove the element of Section 166 of M.V. Act. It appears that the learned Judge framed issue No. 2 as to whether the accident occurred due to rash and negligent driving of the alleged offending vehicle by its driver. This issue would have been decided in the affirmative by the learned Tribunal Judge on the basis of the forwarding report of the Officer -in -Charge dated 02.4.2001 wherefrom it is revealed that the driver of the lorry bearing No. WB 25 -3483 drove the lorry along AJC Bose Road from East West direction in a rash and negligent manner endangering human lives and safety to others knocking down the victim Kavita Kumari aged 16 years of 59 B, Chourangi Road, Kolkata -20 while she was crossing the road on 30.3.2001 at about 17:30 hours and the accused driver Jaga Yadav was produced before the CMM, Calcutta after his arrest in connection with Shakspior Sarani P.S. Case No. 93 dated 30.3.2001 under Sections 279/338 IPC. So it was within the domain of the learned claim tribunal to have decided the issue No. 2 in favour of the claimant/appellant. It must be born in mind that the claim cases are to be decided summarily and there is no requirement of proof of any fact relating to accident up to the hilt as is required in any other trial of cases by a Court of law. Therefore, the learned Trial Judge ought to have considered the case of claim as laid by the claimant before him on taking into account the documentary evidence being FIR (Exbt. -1), Forwarding Report of Officer -in -Charge (Exbt. -2), Injury Report (Exbt. -3) and Discharge Certificate (Exbt. -4).
(3.) REPORT on cases of serious injury in respect of the admission of patient Kavita Kumari, Exbt. -3 clearly goes to show that she was admitted after the accident in the Victoria ward of SSKM Hospital, Kolkata and Discharge Certificate, Exbt. -4 reflects that Kabita Kumari, 15 years old female was under treatment in SSKM Hospital from 30.3.2001 to 16.6.2001 who suffered from fracture pelvis with degloving injury. She had to receive blood transfusion (B+ve). There was multiple units fracture. On 31.3.2001 repair of right vaginal wall laceration was done under GA. Serial wound debridement and STSG of left thigh wound anterolateral aspect of upper 2/3rd of thigh was done.;