UNION OF INDIA Vs. SMT. NANDU & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-Union of India, who is a non-applicant in the claim case pending before the Motor Accidents Claims Tribunal, Bhilwara questioning the interim award dated 08.07.2008 essentially on the ground that the accident having occurred at the unmanned level crossing for collision of a tractor with a passenger train, the Tribunal concerned functioning under the Motor Vehicles Act, 1988 ('the Act of 1988') has no jurisdiction to deal with the proceeding in question.

(2.) This writ petition was considered on 15.05.2009 when this Court, while issuing notices to the respondents, directed on the prayer for interim relief that payment of compensation under Section 140 of the Act of 1988 in terms of the impugned award dated 08.07.2008 shall remain subject to the decision of this writ petition. This writ petition has remained pending for all this time and has come up for consideration today after grouping of the matters relating to accident claim.

(3.) The learned counsel for the parties submit ad idem that the amount of compensation under the impugned interim award dated 08.07.2008 has not been paid nor the claimants took up any proceedings for recovery of the said amount but, on the other hand, the main matter was proceeded in trial and the net obtainable position now is that the evidence is already complete and the matter is fixed for final arguments.