DEVENDRA Vs. SOBHAG BAI

JUDGEMENT

(1.) Instant appeal is directed against the order dated 19.9.2002 passed by the Motor Accidents Claims Tribunal (hereinafter to be referred as 'the Tribunal'), Baran in Claim Case No. 27 of 2001 on a Misc. Application No. 26 of 2001 whereby under section 140 of the Motor Vehicles Act, 1988 (in short 'the Act of 1988') interim award of Rs. 50,000 of 'no fault liability' has been passed.

(2.) Learned counsel for the appellants contended that the deceased Babu Lai was driver on the vehicle tractor No. RJ 28-R 0856 and accident took place on account of rash and negligent driving by deceased Babu Lal, thus, the claim could have been filed only under Workmen's Compensation Act, 1923 and as such the forum of Motor Accidents Claims Tribunal is not available to claimants-respondents. Therefore, order awarding interim compensation under no fault liability is per se illegal.

(3.) Learned counsel for the claimants respondents contended that deceased Babu Lal was the driver on the tractor No. RJ 28-R 0856 and he was not feeling well but at the insistence of the owner, he took the tractor from Katewar but looking to his condition, owner of the tractor instructed Naresh alias Pappu to drive tractor during return journey from Khanpur to Katewar while in return journey when Naresh alias Pappu was driving the tractor as per the instructions of the owner, the accident took place and deceased Babu Lal died at the spot on account of this accident. Thus, the matter comes within the purview of sections 166 and 168 of the Act of 1988. It is also contended that section 167 of the Act of 1988 provides that when the death of or bodily injury to any person gives rise to a claim for compensation under the Act of 1988 and also under the Workmen's Compensation Act, 1923 the person entitled to compensation may file claim under either of these two Acts. Thus, the learned Tribunal rightly awarded compensation under section 140 of the Act of 1988. It is also contended that against the impugned order the appeal is also not maintainable.