SHAMMA AND ORS. Vs. BHAGWAT SINGH AND ORS.

JUDGEMENT

(1.) This appeal has been preferred by the claimants aggrieved by the judgment and award dated 29.3.2007 passed by the learned Motor Accident Claims Tribunal, Bhilwara ('the Tribunal').

(2.) Brief facts of the case are that the claimants filed a claim petition under Sec. 163A of the Motor Vehicles Act, 1988 ('the Act') seeking compensation of Rs. 4,41,500.00 along with interest @ 12% p.a. for the death of Shamsad @ Shamsuddin on 25.4.2001. It appears that during the pendency of the said claim petition under Sec. 163A of the Act, interim award under Sec. 140 of the Act was passed on 14.7.2003, whereby the insurer was directed to pay Rs. 50,000.00 as interim award. After evidence was led by the parties on the issues framed by the Tribunal, while deciding the said claim, the Tribunal came to the conclusion that as the claimants have accepted the award of Rs. 50,000.00 under Sec. 140 of the Act, the claim petition under Sec. 163A of the Act was not maintainable and, therefore, dismissed the claim petition.

(3.) It is submitted by the learned counsel for the appellants that the entire approach of the Tribunal has been defective, inasmuch as, the claim petition was filed under Sec. 163A of the Act and no reference to Sec. 140 of the Act was made and merely because an interim award has been passed under Sec. 140 of the Act, it cannot be said that the appellants have abandoned their claim under Sec. 163A of the Act and, therefore, the award impugned deserves to be set aside and the matter deserves to be remanded back to the Tribunal for consideration on merits.