B RENU Vs. SHIVANANDAN DIED

JUDGEMENT

(1.) This appeal has been filed by the claimants against the impugned award dated 12.9.2001 passed by the Fourth Additional Motor Accidents Claims Tribunal, Durg (C.G.), in Claim Case No. 12 of 2001 which was filed under section 163A of the Motor Vehicles Act (for short 'the Act') claiming compensation for the death of the deceased due to accident of Luna with some unknown vehicle where he was a pillion rider. Brief facts of the case as per the version of claimants are that at about 6.30 p.m. on 24.10.2000, deceased B. Janak Rao was returning to his home at Khursipar from his place of duty at Sector 9 on a moped vehicle, i.e., Luna bearing registration No. MP 7114. On the way at G.E. Road in front of I.T.I., an unknown truck dashed the Luna from the rear side on which the deceased who was sitting as pillion rider sustained serious injuries and died on the spot. The claimants being dependants/legal representatives of the deceased have filed claim petition under section 163A of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs. 35,45,000 on various heads for the death of the deceased.

(2.) The Tribunal has dismissed the claim petition as not maintainable on the ground that the claimants had already approached the Collector under section 161 of the Act under the hit-and-run case and received Rs. 25,000 from the Collector. Thereafter, a review petition filed was also rejected vide order dated 8.8.2002.

(3.) In view of the above facts and circumstances of the case, a question has arisen before this court as to whether the claim petition filed under section 163A is maintainable after receiving compensation under section 161 of the Motor Vehicles Act.