BHACHU MANDAN AYAR Vs. DHANABHAI HIRABHAI RABARI

JUDGEMENT

(1.) THESE appeals are directed against the judgement and award dated 16.09.2000 passed by learned Motor Accident Claims Tribunal (Main), Kutch at Bhuj below Ex. 1 in Motor Accident Claims Petition No. 413 of 2002, wherein the Tribunal has awarded a sum of Rs. 3,27,200/- along with interest at the rate of 9% per annum from the date of application till realization.

(2.) ACCORDING to the claimants, on 14.03.1998, when deceased Naranbhai Madanbhai was driving a tanker bearing registration no. GJ-12-T-5838, a truck bearing registration no. GJ-12-U 7505 came from the opposite direction in full speed. The truck collided with the tanker as a result of which said Naranbhai Madanbhai sustained injuries and succumbed to the same. The claimants being legal heirs therefore filed the aforesaid application under Section 163-A of the Motor Vehicles Act seeking interim compensation wherein the impugned award came to be passed which is challenged in the present appeals.

(3.) I have gone through the judgement of the Tribunal. The Tribunal has proceeded on the basis that the appellant of First Appeal No. 443 of 2001 is the insurer of the truck in question. Prima facie it appears that as per the averments made by the claimants in the claim petition the accident took place because of the negligence of the driver of truck no. GJ- 12-U-7505. It appears that the Tribunal has not considered the facts mentioned hereinabove according to which the appellant is not the insurer of the motor vehicle truck but is the insurer of the tanker bearing registration no. GJ-12-T-5838. Resultantly, the Tribunal is required to reconsider the matter more particularly in view of the aforesaid facts and therefore both the matters are required to be remanded to the Tribunal since they arise out of the same claim application.