GEETANJALI PATEL Vs. BRANCH MANAGER

JUDGEMENT

(1.) This is Claimant's appeal against the order dated 10.07.2014 passed by the Motor Accident Claims Tribunal, Mahasamund (C.G.) in Claim Case No. 62 of 2013, whereby, an objection dated 22.04.2014 filed by the nonapplicant/Respondent seeking dismissal of the claim case in view of the decisions in the matters of Oriental Insurance Company Ltd. Vs. Rajni Devi, 2008 5 SCC 736 and Ningamma and another Vs. United India Insurance Company Limited, 2009 13 SCC 710 that the deceased being the owner of the vehicle, the Claimants have no right to claim compensation under Section163-A of the Motor Vehicle Act, has been allowed and consequently the claim petition has been dismissed by the Tribunal.

(2.) Learned counsel for the Claimants submits that opportunity of hearing was not given to the Claimants to adduce evidence in support of their case by the Tribunal and only on account of objection dated 22.04.2014 filed by the nonapplicant/Respondent, their claim petition has been dismissed. He also submits that insurance of the vehicle is admitted by the non-applicant/Insurance Company, therefore, they cannot escape from the liability of paying compensation to the Claimants against the death of owner for which the premium has been taken by it. He further submits that without considering all the relevant aspects of the matter, the Tribunal has dismissed the claim petition only on the basis of application/objection filed by the non-applicant which is not just and proper. Therefore, in the facts and circumstances of the case, the matter may be remanded to the Tribunal for deciding the claim petition on merits after giving due opportunity of hearing and of adducing evidence to the parties.

(3.) Learned counsel for the Respondent/Insurance Company opposes the contention made by the learned counsel for the Appellants and submits that the Tribunal has rightly dismissed the claim petition of the Claimants filed under Sec. 163-A of the Motor Vehicles Act.