BHOJRAM CHANDEL Vs. JITENDRA KUMAR VERMA

JUDGEMENT

(1.) The appellant herein/claimant has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'the Act of 1988') questioning the impugned award by which his application for grant of compensation filed under Sec. 166 of the Act of 1988 has been rejected.

(2.) In an accident caused to the motorcycle driven by the owner-cum- driver Jitendra Kumar Verma respondent No.1 herein, the appellant herein/injured suffered permanent disability, as he was sitting on the motorcycle as pillion rider and an unknown vehicle truck has dashed the motorcycle driven by owner-cum-driver Jitendra Kumar Verma respondent No.1 and insured by respondent No.2 herein Insurance Company. The Claims Tribunal has rejected the application holding that it is a hit and run case, therefore, application under Sec. 166 of the Act of 1988 would not be maintainable.

(3.) Mr. P.R. Patankar, learned counsel appearing on behalf of the appellant herein/claimant/injured, would submit that the claim petition was maintainable as the accident was caused by the owner of the vehicle who was driving the vehicle, which was insured by the Insurance Company, in light of the decision of the Supreme Court in the matter of T.O. Antony v. Karvarnan and others;2008 AIR SCW 2045 : (2008) 3 SCC 748 and therefore the appeal be allowed and the matter be remanded to the Claims Tribunal for adjudication of the claim petition in accordance with law.