VIDYA WATI Vs. HIMACHAL GOVERNMENT TRANSPORT

JUDGEMENT

(1.) This appeal is against the order dated December 23, 1988, of the Motor Accident Claims Tribunal at Mandi. Petition No. 5 of 1965 filed by the appellants under section 110-A of the Motor Vehicles Act, 1939, hereinafter referred to as "the Act", was dismissed by the said order. The said petition had been filed by the appellants for an award of compensation in the sum of Rs. 30,000.00consequent upon the death of Hem Raj. who was a passenger in Bus No. HIM-4112 which was playing on October 19, 1965 between Mandi and Rewalsar and which met with an accident on the third mile from Mandi. Hem Raj died on October 21, 1965, in a hospital to which he was removed after the accident. The appellant is the widow of said Hem Raj.

(2.) The Tribunal did not assess the compensation which could be be awarded to the appellant because he came to the conclusion that nature was responsible for the accident which could not be said to be on account of any error on the part of the driver of the bus

(3.) On behalf of the respondents two preliminary objections have been raised. The first is about the maintainability of the appeal and the second is about the amount of court-fee payable on the memorandum of appeal. In support of the first preliminary objection it is contended that no appeal is provide I undar the Act in a case where no amount has been awarded as compensation. It it contended that the Claims Tribunal constituted is empowered under section 110-B of the Act to make an award determining the amount of compensation which appears to it to be just and since no amount has been determined by the order under appeal it is not an award as contemplated by this section. Reference is also made to section 110-D of the Act which provides for appeals against the awards of a Claims Tribunal. This section is in these terms ;-