KANAMARLAPUDI NIRMALA DEVI Vs. SHAIK ABDUL RAZAK

JUDGEMENT

(1.) In this appeal the owner of the vehicle was not served and a point arose whether the presence of the owner is necessary in an appeal filed by the claimants seeking enhancement of the compensation. Hence, it has become necessary for this Court to decide the said point, as this point has been arising in a number of appeals pending in this Court.

(2.) Chapter XII of the Motor Vehicles Act, 1988 (for short, the Act), deals with Claims Tribunals. Section 165 thereof provides for constitution of Motor Accident Claims Tribunal and Section 166 provides for filing an application for compensation arising out of an accident. Subsection (4) thereof provides for treating the report of accidents forwarded to it under subsection (6) of Section 158 as an application for compensation under the Act without there being any need for a separate application by the claimants. Section 167 gives an option to file a claim for compensation either under the Workmens Compensation Act, 1923 or under the provisions of the Motor Vehicles Act. The Claims Tribunal passes an award under Section 168 of the Act.

(3.) The procedure and powers of the Claims Tribunal are prescribed under Section 169 of the Act. Section 170 of the Act provides for impleading the insurer in certain cases and those cases relate to collusion between the person making the claim and the person against whom the claim is made, or the person against whom the claim is made had failed to contest the claim. Section 171 of the Act deals with award of interest and Section 172 deals with award of compensatory costs in certain cases. Section 173 of the Act provides for appeals.