GUDDIBAI Vs. MISHRILAL ASHIRWAR

JUDGEMENT

(1.) This appeal is filed by claimants for grant of compensation. Claimants are widow and children of deceased Prakash alias Pappu. Prakash alias Pappu Ahirwar was the driver of tractor No. MP 08-675. On 18.2.1995, deceased Prakash was driving the said tractor which overturned resulting in his death. Considering the pleadings of appellants, evidence on record, the Claims Tribunal has recorded a finding that appellants are not entitled for any compensation on account of negligence of the driver. The Claims Tribunal held that for the negligence of the driver his heirs cannot claim compensation.

(2.) Counsel for appellants submitted that he has moved an application for converting the claim petition under section 163-A of the Motor Vehicles Act (hereinafter referred to as 'the Act') and submitted that his application for compensation, be read under section 163-A of the Act in place of sections 166 and 140 of the Act.

(3.) The counsel for appellants admitted that interim compensation of Rs. 25,000 was awarded to appellants on the application under section 140 of the Act. Section 163-B of the Act provides that where a person is entitled to claim compensation under sections 140 and 163-A of the Act, he shall file claim under either of the said section and not under both.