'Except Plea Of Maintainability, No New Ground Can Be Taken Up In Appeal': Gauhati HC Upholds Award Passed By Motor Accident Claims Tribunal

The single judge bench of Justice Parthivjyoti Saikia noted:

“…Except a plea of maintainability, no new ground can be taken up by the appellant in an appeal. The plea, intended to be taken by the appellant, was never taken at the time of filing of the written statement. If the prayer of the appellant is allowed, there will be a de novo trial and it is not allowed by law.”

The Court was hearing an appeal against the judgment dated February 26, 2016 passed by the Motor Accident Claims Tribunal, Nagaon (Tribunal) by which awarded a compensation of Rs. 12,18,504/- to the claimant.

The brief facts of the case are that on September 09, 2000 at about 12:45 pm, Girish Ch. Borah (deceased) was travelling as a pillion rider in a scooter which was riding by Sri Prasanta Kr. Baruah. It was alleged that the scooter was riding in a rash and negligent manner. When a cow came in front of the scooter, the driver in order to save the cow, took some turns. As a result of which, the scooter lost control and the deceased was thrown away from the scooter. He sustained serious injuries. He was brought to Guwahati for medical treatment. On the next day of the accident, Girish Ch. Borah (deceased) succumbed to his injuries.

The appellant Insurance Company, in its written statement, claimed that the said scooter was not driven by an authorized driver with a valid licence. It also claimed that the said scooter was never driven in a rash and negligent manner. It was further stated by Insurance company that the Insurance Policy was valid up to March 31, 2001. However, the same is not available in the office records of the Insurance Company.

On the basis of the evidence on record, the Tribunal awarded a compensation of ₹12,18,504/- to the claimant. Aggrieved by the judgment passed by the Tribunal, the appellant (Insurance Company) filed the present appeal.

The Court observed that in memo of appeal, no specific ground has been taken by the Insurance Company. Therefore, the appellant filed three Interlocutory Applications. In the IA(Civil) No.1201/2023 and in IA(Civil) No.524/2023, the appellant prayed for leave to bring on record certain documents.

In IA (Civil) 1691/2024, the appellant's prayer was made under Order 41 Rule 27 of the CPC praying for leave to allow it to adduce additional evidence in the Tribunal to prove that there was no coverage of Insurance Policy at the time of the accident.

“An appeal is a legal process in which a higher forum reviews the decision of a lower forum on both legal and factual grounds. The word appeal has nowhere been defined in the Code of Civil Procedure. The term appeal means the judicial examination by a higher court of the decision of an inferior court. An Appeal in legal parlance is held to mean the removal of a cause from an inferior or subordinate to superior tribunal or forum in order to test and scrutinize the corrections of impugned decisions,” the Court said.

The Court held that, except a plea of maintainability, no new ground can be taken up by the appellant in an appeal.

Thu, the Court dismissed the appeal and upheld the judgment passed by the Tribunal.

Case Title: M/s Oriental Insurance Co. Ltd. v. Smti Taramai Borah & 4 Ors.

Case No.: MACApp./252/2017