Claims tribunal cannot dismiss case b''coz records not produced

Madurai, Feb 17 (PTI): Reversing an order passed by MotorAccident Claims Tribunal here three years back,the Madras HighCourt bench today ruled that the tribunal cannot dismiss acase because relevant records had not been produced from acriminal court.

Justice T Mathivanan, who reversed the February 5 2008order said it is a police officer''s statutory duty to forwardcopies of these records to the tribunal within 30 days.

He said the tribunal is empowered to obtain whateverinformation is necessary from police, medical and otherauthorities by invoking Rule 25(3)of the Tamilnadu MotorVehicle Accident Claims Tribunal Rules 1989 before awardingthe claim.

The tribunal had refused to grant compensation to a familyof six for want of crime records such as First InformationReport, Accident register and Investigation report.

The judge said it is ''strange'' that the tribunal haddismissed the claim for want of criminal court records andremitted the matter for consideration afresh in three monthsafter obtaining records from the Judicial magistrate court.

The case relates to a two wheeler rider who was fatallyknocked down by another near Sundar Nagar Vilakku atMadurai-Theni junction at Nagamalaipudukottai here on Aug 112001.

Police had registered a case on Aug 16,a day after thedeath of the rider. His family then approached the tribunal onon the strength of the evidence, seeking Rs eight lakhcompensation. The other two wheeler rider did not not contestthe claim, but the insurance company objected to it.

After hearing arguments by both sides, the tribunalrejected the claim on the ground that compensation could notbe granted in the absnece of the crime records.