PARVATHAMMA Vs. GENERAL MANAGER SOUTH CENTRAL RAILWAYS

JUDGEMENT

(1.) THE claimant is aggrieved by the dismissal of his petition for compensation in MVC 972/97 on the ground that the railway engine which is involved in the accident is not a motor vehicle. Holding that the railway engine is not a motor vehicle, the Tribunal has chosen to dismiss the claim on preliminary issue in the light of the dictum of the Supreme Court in UNION OF INDIA vs UNITED INDIA insurance COMPANY LIMITED which is as follows :

(2.) THE appeal is allowed and the matter is remitted back to the Tribunal. The claimant is permitted to amend the petition by impleading the owner of the vehicle and any other necessary party.