REKHA PAUL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) While the writ appeal is in respect of an order passed by the learned Single Judge permitting conversion of the writ petition filed against the judgment and award of the Motor Accidents Claim Tribunal (MACT) into are-vision petition, the writ petition is in respect of the judgment and award passed by the MACT. The writ petitions involved in this proceeding were filed by the Insurance Company against the judgments and awards of the MACT. The matter has come before us by way of reference made by the Division Bench, which heard the matter. Since the issue involved is one and the same, the writ appeal and the writ petition have been heard analogously and are being disposed of by this common judgment and order.

(2.) The three appellants in the writ appeal made an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of one Shri Arun Kanti Paul who was the husband of the appellant No. 1 and father of the appellants No. 2 and 3. He died in a motor accident on 1.6.1997. The claim application was filed before the MACT, West Tripura, Agartala and the same was registered and numbered as T.S. (MAC) No. 86/1998. The Tribunal by its judgment and award dated 12.5.2000 awarded compensation to the appellants amounting to Rs. 19,27,000/- Being aggrieved, the Insurer i.e. the Oriental Insurance Company filed the writ petition being WP (C) No. 316/2000 under Articles 226/227 of the Constitution of India. The writ petition was resisted by the appellants herein raising the plea of its non-maintainability. Situated thus, the Insurance Company made a prayer for conversion of the writ petition into a revision petition, which was allowed by the learned Single Judge, by order dated 24.11.2003 making a grievance against which, the claimants/appellants preferred the writ appeal being W.A. No. 03/2004 (Agartala), which has been re-numbered as W.A. No. 389/2006 (Ghy.).

(3.) The writ petition being W.P. (C) No. 123/2000 (Agartala) was filed by the insurer i.e. the Oriental Insurance Company Ltd. against the judgment and award dated 20.12.1999 passed by the MACT, West Tripura, Agartala under Section 166 of the Act in T.S. (MAC) No. 249/1995 by which the claimants/respondents were awarded compensation amounting to Rs. 2,00,000/-. The claim petition was filed by the claimants, the wife and mother respectively of the deceased, who died in a motor accident on 16.9.1994.