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2005 DIGILAW 297 (MP)

Mayabai Tomar v. Sheikh Raseed

2005-02-24

RAJEEV GUPTA, RAKESH SAKSENA

body2005
JUDGMENT This is claimants' appeal filed under section 173 of the Motor Vehicles Act, against the award dated 30.3.1999 passed by Additional Motor Accidents Claims Tribunal, Burhanpur, in Claim Case No. 55/1997, whereby the claim petition filed by the claimants under section 166 of the Motor Vehicles Act, Was dismissed." The claimants, unfortunate widow, minor children and father of deceased Ravindra Singh Tomar, claimed compensation of Rs.10,00,000/- for his death in the motor accident on 23.4.1997 when he fell from the Truck bearing registration No. MBI-8063 and died on the spot. The Tribunal, on a close scrutiny of the evidence led by the parties, held that the accident did not occur due to the negligence of the driver of the Truck, but the deceased himself was responsible for the accident. On the above findings, the Tribunal dismissed the claimants' claim petition vide impugned award dated 30.3.1999. During the course of hearing Shri Anil Lala, the learned counsel for the appellants, relying on the decision dated 18.9.2003 passed in MA No.2191/99 made an oral prayer to convert the application filed by the claimants before the Claims Tribunal under section 166 of the Motor Vehicles Act, into one under section 163A of the Act, and to seek compensation accordingly. Shri Gopi Chourasia, the learned counsel for the driver and owner of the Truck and Shri Rajesh Patel, the learned counsel for the insurer of the Truck, do not have any serious objection to the above prayer of the learned counsel for the appellants. On due consideration and in view of the decision passed in MA No. 2191/99; and, the beneficial object of the provisions contained in the Motor Vehicles Act regarding compensation, we deem it proper to remit the matter back to the Tribunal. The appeal, therefore, is allowed and the impugned award dated 30.3.1999 passed by Additional Motor Accidents Claims Tribunal, Burhanpur, in Claim Case No. 55/1997 is hereby set aside and the matter is remitted back to the Tribunal with liberty to the appellants to make an appropriate application before the Tribunal under section 163A of the Motor Vehicles Act. The appeal, therefore, is allowed and the impugned award dated 30.3.1999 passed by Additional Motor Accidents Claims Tribunal, Burhanpur, in Claim Case No. 55/1997 is hereby set aside and the matter is remitted back to the Tribunal with liberty to the appellants to make an appropriate application before the Tribunal under section 163A of the Motor Vehicles Act. As the accident in question took place in the year 1997, we direct the Tribunal that on such an application being made by the claimants before the Tribunal, the Tribunal shall consider and decide the same in accordance with law expeditiously and as far as possible within a period of one year from the filing of the application.