Assam Power Distribution Company Ltd v. Prafulla Brahma and 3 Ors

JUDGMENT AND ORDER (CAV) Heard Mr. N. Deka, learned counsel representing the appellant as well as Mr. H. Das and Mr. R. Goswami learned counsel appearing for the respondents.

¶2This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 19.11.2020 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup(M) at Guwahati in MAC Case No.523/2007 (968/99).

¶3On 08.08.1999, a bus bearing Registration No.AS-25/A-5454 was coming from Latibari side towards Guwahati carrying huge quantity of banana on its roof. The said load of the bus hit overhead live electric wires. Many passengers of the bus got electrocuted and some of them Page No.# 3/4 died. The claimant Prafulla Brahma was severely injured.

¶4In this case, Assam Power Distribution Company Limited was not a party. Therefore, on 30.09.2020, Assam Power Distribution Company Limited was made a party respondent in the case. The order dated

30.09.2020, reads as under: "30-09-2020 Present Mahmud Ahmed The claimant and O.P. No.3 is present. Seen Petition No.1682 filed by O.P. No.3. Heard the learned counsels. Petition is allowed. Claimant has filed another petition vide No.1855 for amendment of the claim petition. Heard and allowed to make APDCL as O.P. No.4. Perused the case record and found that the claimant has already taken steps against O.P. No.4. Non appearance till date. And Hence to proceed ex parte against O.P. No.4. Fixing 27.10.2020 for DW/ Argument.

Member, MACT No.1, Guwahati"

¶5The judgment was delivered on 19.11.2020.

¶6Mr. Deka submits that no notice was given to Assam Power Distribution Company Limited and without hearing it, the Tribunal directed them to pay compensation. According to Mr. Deka, this act on the part of the Tribunal is against the values of natural justice. Page No.# 4/4

¶7Mr. Goswami submits that in the said accident, several persons died and injured and all of them filed claim cases wherein Assam Power Distribution Company Limited was made party. According to Mr. Goswami, since the Assam Power Distribution Company Limited has the knowledge about other cases, it should have the knowledge of the present case also.

¶8I have considered the submissions made by the learned counsels of both sides.

¶9I am in agreement with Mr. Deka that no notice was actually issued to Assam Power Distribution Company Limited and without hearing it, the Tribunal directed them to pay compensation. This Court is of the opinion that this act on the part of the Tribunal is against the values of the natural justice.

¶10Therefore, the impugned judgment which directed Assam Power Distribution Company Limited to pay compensation without hearing it, is bad in law and is not sustainable.

¶11Therefore, the appeal is allowed. The impugned judgment is set aside. The case is remanded to the Motor Accident Claims Tribunal No.1, Kamrup(M), Guwahati for passing a judgment afresh after hearing Assam Power Distribution Company Limited. The appeal is disposed of. Send back the LCR. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010053842021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./94/2021ooooooooo ASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTD.o REP.oBYoC.G.M.o(HRA),oBIJULEEoBHAWAN,oGUWAHATI-1,oASSAM. VERSUSo PRAFULLAoBRAHMAoANDo3oORS.o S/O-oLATEoMODARAMoBRAHMA,oR/O-oVILL.-oPUBoKACHUKATA,o (SINGIMARI)oBARALIAPAR,oP.S.oTAMULPUR,oDIST.-oNALBARI,oASSAM,oPIN- 781367. 2:GAJENoDAS oS/O-oLATEoHARAKANTAoDAS oR/O-oRANGIAoTINIALI oP.O.oANDoP.S.oRANGIA oDIST.-oKAMRUP oASSAM oPIN-o781354.o(OWNERoOFoTHEoVEHICLEoNO.oAS-25/A-5454). 3:MAHESHoKALILTA oS/O-oRAJAToKALITA oPRESENToADDRESS-oC/O-oSRIoGAYAoDAS oR/O-oRANGIA oDIST.-oKAMRUP oASSAM oPIN-o781354oANDoHOMEoADDRESS-oR/O-oVILL.-oLATIBARI oP.S.oTAMULPUR oDIST.-oNALBARI oASSAM oPIN-o781367.o(DRIVERoOFoTHEoVEHICLEoNO.oAS-25/A-5454). 4:NEWoINDIAoASSURANCEoCO.oLTD. oREP.oBYoDIVISIONALoMANAGER oDIVISIONALoOFFICE Page No.# 2/4 ULUBARI G.S. ROAD GUWAHATI-07 ASSAM. (INSURER OF THE VEHICLE NO. AS-25/A-5454) Advocate for the Petitioner : MR. A C BAISHYA Advocate for the Respondent : MR D DEKA PRESENT THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA For the Appellant : Mr. N. Deka, Advocate. For the Respondents : Mr. H. Das & Mr. R. Goswami, Advocates. Date of Hearing : 15.06.2023. Date of Judgment : 27.07.2023.