Oriental Insurance Company vs Guddil and Ors.

One Sain Das met with an accident. He died. His widow preferred a claim petition under the Motor Vehicles Act, before the Motor Accidents

Claims Tribunal Kathua. There were other claimants also. She was claiming compensation in her own right and also on behalf of the minor children.

The widow was representing the case of the minor sale.

The further fact is that an interim order was passed. A sum of Rs.15,0007 was allowed as interim compensation. On receipt of this interim

compensation, the widow lost interest in the litigation. The litigation was pursued by one of the minor daughter Miss Champa Devi. A sum of

Rs.25, 000/ was allowed as interim compensation in her favour also. However, no provision was made for the other minors. Later on, an

application was preferred. It was stated therein that the case of other minors has not been taken care of and the order passed by the M. A. C. T.

deserve to be given a fresh look. The prayer was accepted. The order passed earlier on 5.11.1991 which was found to be to the detriment of

three minor petitioners, was recalled. It is this order which is subject matter of challenge in this writpetition.

The arguments raised by the learned counsel for the Insurance Company is that the Motor Accidents Claim Tribunal had no power of review. It

is on this basis, it is submitted that the order passed by the Tribunal on 17.2.1994 deserves to be quashed.

It be seen that their mother was representing the case of the minor. After she received interim compensation she lost interest in the litigation, one

of her minor daughters who was 14 years of age, and was having some understanding, also received Rs.25, 0007 as interim compensation.

However the interests of three other minors was not taken care of. Neither their natural guardian nor any other person cared to protest their

interest. It was in these circumstances, their maternal grandfather, came to prosecute the case.

It is settled law that in case of minors the court has also to record its satisfaction when proceedings are put to an end. It has to be seen that

result of litigation as far as possible is beneficial to the interest of the minors. This aspect of the matter was not taken care of by the Tribunal when

the claims of the mother and Miss Champa Devi were settled. The interest of the minors not having been taken care of and their having been no

guardian appointed after the mother had stopped taking interest in the litigation, it can be said that the proceedings which culminated in not granting

any compensation to the three minors, are void abi into. The argument put across by the learned counsel for the petitioner that the Tribunal had no

jurisdiction to review its own order, is not being commented upon. As the interests of the minors were not taken care of while passing the order, no

interference in exercise of writ jurisdiction under Article 226 is required. Injustice has been done to the minors. Any interference under Article 226

would perpetuate the same. This is not the purpose of Article 226 of the Constitution.

This petition is therefore found to be without merit and is dismissed. The Tribunal shall proceed with the petition and decide the same on merits.

The Registry shall sent a copy of this order to Motor Accident claims Tribunal, Kuthua.