UNION OF INDIA Vs. GURMIT KAUR

JUDGEMENT

(1.) Challenge in the present appeal is to the award of the Motor. Accident Claims Tribunal, Ropar (for short, 'the Tribunal') dated 23.2.2012, whereby on account of death of Avtar Singh @ Raju, compensation of Rs. 4,38,000/- has been awarded to the respondent. Learned counsel for the appellants submitted that the respondent filed claim petition before the Tribunal claiming compensation on account of death of her son on the intervening night of 6/7.7.2003, in a Railway accident on Railway Line near Railway Crossing Nangal Chowk, Ropar. The claim petition was filed on 12.5.2009 before the Tribunal. While referring to the provisions of Section 2(28) of the Motor Vehicles Act, 1988 (for short, "the 1988 Act'), he submitted that the claim petition could not be filed before the Tribunal as the vehicle involved was not a motor vehicle as defined under the aforesaid provisions as it excluded a vehicle running upon fixed rails. In fact, for claiming compensation in the accident involving Railways, the Railway. Claims Tribunal under the Railway Claims Tribunal Act, 1987 (for short, the 1987 Act') has been constituted, where such a petition could be filed by the claimant. The award of the Tribunal is without jurisdiction, hence, deserves to be set aside.

(2.) On the other hand, learned counsel for the respondent submitted that though the application was filed by the appellants with regard to jurisdiction of the Tribunal, however, the same was not pressed. Hence, the award cannot be said to be without jurisdiction.

(3.) Heard learned counsel for the parties and perused the paper book.