SHABIR HUSSAIN Vs. ABDUL REHMAN

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the orders dated 13.10.1987 and 29.10.1987 passed by the Motor Accidents Claims Tribunal, Bijnor im Misc. Case No. 43 of 1987.

(2.) Brief facts of the case are these: One Aslam, who was son of petitioner Nos. 1 and 2, died on 9.12.1986 in a bus accident. It is alleged that the bus was driven by respondent No. 1 Abdul Rehman which was owned by U.P. State Road Transport Corporation, Bijnor Depot, Bijnor. The petitioners filed claim petition against respondent Nos. 1 and 2 under Section 92-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') for award of statutory compensation. The defence of the respondents was that their bus was not involved in the said accident. Simultaneously, the petitioners preferred a claim under Section 110-A of the Act also before the Tribunal. The Tribunal firstly recorded the evidence of the petitioners in the claim petition under Section 92-A of the Act and fixed another date for recording the evidence of the respondents. In between time an application was moved on behalf of respondent No. 2 before the Tribunal praying that since the claim petitions under Sections 92-A and 110-A are to be decided on the same evidence, both the petitions be decided together. The Tribunal allowed the application holding that since both the petitions are to be decided on common evidence and as the recording of evidence in claim petition preferred under Section 92-A of the Act would be a waste of time, therefore, both the claim petitions may be decided together. The petitioners moved an application for recall of the said order but the same was rejected by the Tribunal holding that the proceedings under Section 92-A of the Act having been stayed, both the petitions shall be decided together on common evidence to be recorded in both the petitions.

(3.) Heard counsel for the parties.