NATIONAL INSURANCE CO Vs. ASHOKBHAI DWARKADAS VANI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 5th November 2007 passed by learned Motor Accident Claims Tribunal (Main), Surat in Motor Accident Claims Petition No.402 of 2006, whereby the Tribunal has partially allowed the claim petition filed by the claimants.

(2.) ACCORDING to the claimants, on the date of the incident i.e. on 13th March 2006 while the deceased was going motorcycle No.GJ.5.DR.155 from Bajipura to Kadodara, it dashed with Truck bearing No.MP.09.KC.4187. In the said accident, deceased ­ Rushil received serious injuries and succumbed to his injuries. The claimants therefore filed the aforesaid application under Section 163-A of the Motor Vehicles Act wherein the impugned award came to be filed which is challenged in the present appeal.

(3.) IT is by now well settled law that application under section 163-A of the Motor Vehicles Act cannot be treated at par with an application under Section 140 of the Act. Under Section 140 of the Act only fixed compensation is payable whereas it is not the case in an application under Section 163-A of the Act. As per the law laid down by the Apex Court, award under Section 163-A is an alternative to an award under Section 166 of the Act and therefore application under Section 163-A cannot be disposed of in a summary manner without considering the issue of liability of the Insurance Company and also other issues.