ORIENTAL INSURANCE COMPANY Vs. SUBHADRA AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 27th Feb., 2008, passed by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, in Claim Petition No.82 of 2005, titled Subhadra and another Vs. Oriental Insurance Company and others, whereby compensation to the tune of Rs. 2,00,000.00, with interest at the rate of 9% per annum from the date of filing of the claim petition till realization, came to be awarded in favour of the claimants and the insurer/appellant was saddled with the liability, (for short the impugned award).

(2.) At the very outset, it may be placed on the record that the Claim Petition filed under Sec. 166 of the Motor Vehicles Act, 1988 (for short, the Act) was not maintainable, rather the claimants were entitled to relief under the Consumer Protection Act, 1986. Therefore, on the previous date of hearing, the appeal was adjourned and the learned counsel appearing for the claimants was asked to verify whether the claimants had filed any petition under the provisions of the Consumer Protection Act. Today, the learned counsel for the claimants/respondents No.3 and 4 stated that the claimants had only invoked the jurisdiction in terms of the Motor Vehicles Act and no other proceedings were ever initiated by the Claimants.

(3.) I have gone through the record of the case. No doubt, the claimants were entitled to compensation in terms of Consumer Protection Act, but that cannot be made a ground, at this belated stage, to direct the claimants to invoke the provisions of the Consumer Protection Act and drag the claimants of a vehicular accident from pillar to post.