SAINABA Vs. ABDUL MAJEED

JUDGEMENT

(1.) This appellants were the petitioners in OP(MV)No. 1261 of 2000 on the file of the Motor Accidents Claims Tribunal, Palakkad. The respondents in the appeal were the respondents before the Tribunal.

(2.) The petitioners had originally filed the claim petition under Sections 140 and 166 of the Motor Vehicles Act, 1988, (in short 'Act') claiming compensation on account of the death of Shahul Hameed, who was the son of the 1st appellant and the brother of the appellants 2 to 7. During the pendency of the proceedings, the appellants had filed an application under Section 140 of the Act, claiming compensation on the principle of 'no fault'.

(3.) The Tribunal allowed the application and awarded no fault compensation to the appellants. Thereafter, the appellants filed an application seeking leave to amend the claim petition to one under Section 163A of the Act. The said application was allowed and the appellants prosecuted the claim petition. However, the Tribunal by the impugned award dismissed the claim petition on the ground that the appellants could not simultaneously prosecute the claim petition under Section 140 and Section 163A of the Act, as it is barred by virtue of Section 163B of the Act.