- (1.) Today Mr. Krishanu Banik, learned advocate appearing on behalf of the claimant was supposed to show cause in terms of our earlier order which had put him in peril of being disqualified from preparing the paper books in terms of the proviso to Rule 35 of Chapter IX of the Rules of this Court prevalent in the Appellate Side. Mr. Banik has attempted to impress us that true copies of a draft affidavit in engrossed paper amount to such cause being shown. However, it is yet to be affirmed, so we cannot look into it.
(2.) We, therefore, called on Mr. Asimesh Goswami, learned advocate appearing on behalf of the insurer to satisfy us, inter alia, as to how the learned tribunal could have relied upon the document at page-15 of the paper book. This document purports to be the cause shown by the owner of the scooter who was impleaded as an added opposite party pursuant to leave granted by the learned tribunal. The learned tribunal had, in fact, granted leave to add both the owner/driver of the scooter as also the insurer of the scooter. The claimant in is infinite wisdom, no doubt, properly advised by the learned advocate at the material time, chose to implead only the owner of the scooter. It does not appear from the records, whether produced before us as part of the lower court records or as appear from the innumerable number of paper books filed by the claimant to supplement the initial deficiencies, that the owner of the scooter was ever subjected to any examination on oath. There was no attempt to test the verification made in a properly constituted witness action.
(3.) Section 168 of the Motor Vehicles Act, 1988 reads as follows :- "168. Award of the Claims Tribunal.- On receipt of an application for compensation made under section 166, the Claims Tribunal Shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be: Provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X. (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. (3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.";