SMT. M. LAXMAMMA, W/O. M. NARAYANA, AGE 50 YEARS, OCC: HOUSE WIFE, R/O. MARLU LOCALITY, MAHABUBNAGAR TOWN Vs. HANMAPPA, S/O. SALAPPA, AGE MAJOR, OWNER OF THE AUTO BEARING NO.AP 22 U 7736, R/O. H.NO.15

JUDGEMENT

(1.) One of the questions involved in the appeal is whether the Tribunal can award any compensation under Sec. 165 and 168 of the Motor Vehicles Act, 1988 (for short M.V. Act) read with Sec. 161 of M.V. Act for a hit and run claim as interim measure for no such bar to maintain, later for final claim under the Special Scheme as per Sec. 163 of M.V. Act so to deduct out of final payment on determination; like in Sections 140 and 166 of M.V. Act, though there is a specific bar for final claim under Sec. 163-A of M.V. Act, once the claim as interim measure made and ordered under Sec. 140 of the Act.

(2.) The unsuccessful claimant maintained O.P. No.394 of 2006 on the file of Motor Accidents Claims Tribunal-cum-I Additional District Judge, Mahabubnagar (for short the Tribunal) against two respondents i.e., owner and insurer of auto bearing No.AP 22U 7736 for a compensation of Rs.2,00,000.00 under Sec. 166 of M.V. Act for the accidental death of her husband M. Narayana. The Tribunal, after contest by the 2nd respondent insurer, from 1st respondent owner remained ex parte, dismissed the claim on 25.03.2008. Impugning the same, the claimant maintained the present appeal.

(3.) Heard both sides at length. Perused the material on record.