ORIENTAL INSURANCE CO LTD Vs. NARVADA

JUDGEMENT

(1.) This judgment shall dispose of 4 appeals being F.A.O. (MVA) Nos. 301, 306 of 1997, 339 and 345 of 2000 as they arise out of the same accident and out of two similar awards dated 27.6.1997 passed by learned Motor Accidents Claims Tribunal (II), Mandi under section 163-A of the Motor Vehicles Act, 1988 (hereafter referred to as 'the Act').

(2.) The facts necessary for disposal of the case are that the deceased Meenakshi Devi and her cousin Varinder Thakur were travelling on scooter No. HP 31-0799 which was hit by bus No. HP 31-3637. In this accident Meenakshi Devi died and Varinder Thakur suffered injuries. The bus was owned by respondent Nos. 2 and 4 and driven by respondent No. 3 and the conductor therein was respondent No. 5. The bus was insured with the appellant insurance company.

(3.) The parents of Meenakshi Devi filed a claim petition purporting to be under section 163-A read with section 166 of the Motor Vehicles Act for grant of compensation. It is quite obvious that this petition was filed under the impression that the claimants are entitled to compensation both under section 163-A as no fault liability and under section 166 on the basis of fault. The petition was numbered as Claim Petition No. 76 of 1996.