Page No.# 1/6 GAHC040006642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : MACApp./5/2024 Devi Sonari W/o Late Dal Bahadur Sonar, by occupation House Wife, resident of Banderdewa, PO/PS Banderdewa District Papum Pare, AP VERSUS The United India Insurance Company Ltd. represented by its Divisional Manager, having its Divisional Office at MC Road, near Sadar Police Station, PO/PS Tezpur, District Sunitpur, Assam Advocate for the Petitioner : Chorpok Modi, Nabam Sonu,Dusu Rillung Advocate for the Respondent : Uttam Deka, Tadar Bai BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 27.03.2025 Heard Ms. D. Rillung, learned counsel for the appellant. Also heard Mr. U. Deka, learned counsel appearing on behalf of the respondent/Insurance Company. 2. This is an appeal filed under Section 173 of the M.V. Act, 1988, against the judgment and order dated 21.12.2023 passed by the learned Member, MACT, Page No.# 2/6 Papum Pare District at Yupia, Arunachal Pradesh in MACT Case No. 14/2021, whereby the claim petition of the claimant/appellant has been dismissed on the ground that the claimant/appellant has failed to produce certain documents including the age proof certificate of the deceased to substantiate her claim. 3. Being aggrieved by the dismissal order passed by the learned Tribunal, the present appeal has been filed basically for restoration of the claim petition assailing that the learned Tribunal has wrongly dismissed when the claimant could have been given one more opportunity to produce the documents to establish her claim. 4. The case of the appellant/claimant is that on 14.05.2009, at about 18:30 hours, when her deceased husband, namely, Lt. Dal Bahadur Sonar, was coming towards P.T.C. by motor cycle from Naharlagun, after performing Bank duty as Santry at Banderdewa NH-52 near petrol pump, a Night Super bus with registration No. As-25B-0382 proceeding in the same direction, knocked down the deceased, as a result of which he succumbed to his injuries on the spot. The accident allegedly occurred due to the rash and negligent driving of the driver of the offending vehicle (bus). A case was registered being Banderdewa P.S. Case No. 17/2009, under Sections 279/304A IPC. 5. Further the case of the appellant is that, the appellant along with her 2(two) minor children filed claim petition on 18.06.2009, before the Motor Accident Claims Tribunal, Yupia, under Section 140/166 of M.V. Act, 1988, with a prayer for grant of compensation of an amount of Rs. 44,34,320/- (Rupees Forty-four lakh thirty-four thousand three hundred twenty) only on account of the death of her deceased husband Lt. Dal Bahadur Sonar due to vehicular Page No.# 3/6 accident. 6. The case was contested by the respondent Insurance Company by filing written statement. Based on the pleadings, the learned Tribunal framed 5(five) issues, they are: (i) Whether the accident occurred due to rash and negligent driving of the bus involved in the accident by the driver? (ii) Whether the accident occurred due to rash and negligent driving of the motor-bike by the deceased? (iii) Whether the opposite party No. 3 was having valid driving license at the time of accident or not? (iv) Whether the claiming compensation of 44,34,320/- is just & reasonable? (v) Whether the claimant is entitled to compensation claimed? 7. Admittedly, there is no dispute that the accident occurred on 14.05.2009 at Banderdewa involving with the offending vehicle and the deceased died on the spot in the said accident. However, the opposite party No. 2, Insurance Company in their written statement contended that the claim petition of the claimant was not maintainable as it was not accompanied by Income Certificate/Salary Certificate of the deceased, his age proof certificate, list of the dependents of the deceased and the Form-54. 8. The learned counsel for the appellant/claimant submits that the age proof certificate of the deceased was available on record as he was serving as constable under the Police Department, being posted in the Office of the Principal Police Training Centre Banderdewa. The appellant’s counsel further Page No.# 4/6 submits that the pay slip of the deceased was annexed with the claim petition and exhibited as Exhibit No. 2. Furthermore, the deceased at the time of his death left behind him the appellant wife and 2(two) minor children which was on his service record. It is further submitted by the claimant’s counsel that the above facts were not disputed by the respondent. Therefore, the same was treated to have been admitted, and regarding the age proof, it is submitted that since the deceased was employed and working under the Police Department, there was no any scope of manipulating of his age. However, in order to show his age proof certificate, the claimants subsequently had produced the admit card of Board of Secondary Education, Assam of the deceased. As per the record the date of birth of the deceased was on 31.12.1977. The claimant had also produced the school certificate of the deceased issued by the Head Master of Pub-Behali High School Sonitpur, Assam. As per the school certificate also, the date of birth of the deceased is shown as on 31.12.1977. Additionally, it is submitted that although, the Form-54 was not annexed at the time of filing claim petition, however, subsequently, the same was also obtained from the Officer-In-Charge of the Police Station Banderdewa, and the same is annexed as annexure ‘B’ to the writ appeal. 9. The learned counsel for the appellant submits that although the entire documents were not produced before the learned Tribunal, however, subsequently all the required documents were produced. However, as the claimant did not participate in the Lok Adalat held on 09.12.2023, the learned Tribunal has rejected the claim petition of the appellant/claimant observing that the parties have not even tried to settle the matter outside the Court and the claim petition is defective due to non-submission of required documents. 10. The learned counsel for the appellant submits that since all the required Page No.# 5/6 documents are available and produced, the matter may be remanded back to the learned Tribunal for trial afresh by giving opportunity to the parties to adduce evidences. 11. The learned counsel appearing on behalf of the Insurance Company submits that although in the initial stage the appellant/claimant did not submit the entire documents, however, subsequently, all the required documents were made available, except the Form 54. He further submits that the appellant/claimant has also annexed the Form 54 in the appeal a copy of which was served upon the respondent. Given the facts and circumstances of the case, he submits that since all the required documents are now available, he has no objection if the matter is remanded back to the learned Tribunal for re-trial of the claim petition of the claimant. 12. Heard the learned counsel for both the parties and also perused the record including the age proof certificate, Form 54 and salary certificate. 13. Since the documents as sought for by the learned Tribunal is available with the appellant and considering that the motor accident claim petition for compensation being a Welfare Scheme, this Court is of the opinion that an opportunity should be given to the claimant to produce the above documents before the learned Tribunal Court. 14. In light of the above, the impugned judgment and order dated 21.12.2023 passed by the learned Tribunal MACT, Yupia in MAC Case No. 14/13 is, hereby, set aside and quashed. 15. The matter is remanded back to the Tribunal, MACT, Yupia for re-trial of the claim petition filed by the claimant by giving an opportunity to the claimant as well as the respondent to produce evidences and exhibit document as per Page No.# 6/6 the provisions of law. 16. The parties are directed to appear before the learned Tribunal with the copy of this order on 01.05.2025 for further necessary order. 17. With the observation made above, this MAC Appeal stands allowed and disposed. 18. Send back the LCR immediately. JUDGE Comparing Assistant