RAMGULAL Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the Appellant/claimant against the impugned award dated 31.12.2005, passed by the Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No. 250/2002.

(2.) The brief facts, in nutshell, are that the Appellant/claimant had filed a claim petition on 11.9.2002, under Section 163-A read with Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 3,58,000/- on the ground that he had received grievous injuries in a motor accident on 30.4.2002. According to the claimant on 30.4.2002 he was going to Rajnandgaon from Dondilohara by driving the vehicle i.e. Metadoor, having registration No. C.I.S. 7545, at that time near village - Acholi the vehicle met with an accident, as a result of which the claimant received grievous injuries on right hip, left thigh and got fracture in leg. Relating to this accident a criminal case was registered against the claimant in Police Station Dondilohara for the offence under Section 279 and 337 of the Indian Penal Code.

(3.) The claim petition has been dismissed by the Tribunal, inter alia, on the ground that the claim petition under Section 163-A read with Section 166 of the Act, 1988 was not maintainable as both the claims could not have been filed in view of the decision of Hon'ble Apex Court in Deepal Girishbhai Soni and Ors. v. United India Insurance Co. Ltd., Baroda, 2004 5 SCC 385.