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Judgment
Heard.
The instant petition is filed for challenging the proceeding of the compensation case and award dated 29.11.2016.
Learned counsel for the petitioners would submit that the impugned order also includes the order dated 21.09.2016 & 04.10.2016 and would further
submit that the petition is by the owner and driver of the offending vehicle i.e. the Tractor and the entire proceeding of the claim case is bad as the
insurance company and the owner of the other vehicle which collided with the vehicle that of the petitioner, have not been made a party, therefore,
entire proceedings are bad.
Perusal of the record would show that the compensation case was filed by Smt. Sudhara Bai and four minor children against the petitioners, which
was bearing No.340/2014, wherein the award was passed on 29.11.2016. As there is a provision of appeal exists in the Motor Vehicle Act, 1988
under Section 173, I am unable to understand the submission made by the counsel that how the entire proceedings were bad in law. Filing of petition
shows that the appeal has not been filed against the award and instead entire proceedings of the compensation case has been prayed to be set aside
which starts from filing of the compensation case on 20.06.2014 till it culminated into award. How such petition is tenable the petitioner is unable to
submit.
The petition is completely misconceived, therefore, it is dismissed at the threshold.