AI Structured Summary
Not yet generated for this judgment
Judgment
J.R. Midha, J.—The appellant has challenged the common award whereby four claim petitions were decided by the learned Tribunal.
On 10th October, 2007, there was a bomb blast in a DTC bus in which Suresh was traveling with his wife and two minor children. Suresh and his wife suffered injuries whereas their son, Dharmender aged 2 years lost his life and daughter, Pinki suffered injuries. Four separate petitions were filed before the learned Tribunal, one in respect of the death of their child, Dharmender and three claim petitions with respect to the injuries. Common award was passed disposing of all the four petitions. The appellant has accepted and satisfied the two awards and the appeals have been filed in two cases relating to the injuries suffered by Suresh and his wife Kamlesh.
The claim petitions were filed u/s 163-A of the Motor Vehicles Act, 1988. The permanent disability was not proved by both the claimants and the learned Tribunal treated both the petitions u/s 166 of the Motor Vehicles Act and awarded compensation of Rs. 22,300/- to Suresh and Rs. 51,000/- to Kamlesh.
The appellant has deposited the award amount with the learned Tribunal which has been released to the claimants against security in terms of the order of this Court.
The ground of challenge in this appeal is that the petition u/s 163-A of the Motor Vehicle Act could not be converted to Section 166 of the Motor Vehicle Act. Secondly, even if the conversion can be done, the compensation could not have been awarded u/s 166 of the Motor Vehicle Act since the negligence has not been proved which is a mandatory requirement u/s 166 of the Motor Vehicles Act.
There is merit in the contention of the learned senior Counsel for the appellant and, therefore, the finding of the learned Tribunal to the above extent is set aside and the question of law is left open to be examined in an appropriate case. However, considering that the claimants lost their child in the accident and the claimants as well as their minor daughter suffered injuries in the unfortunate accident and also the amount involved, the award of compensation to the claimants is not being interfered with.
The appeals are disposed of in the aforesaid terms.