SUKHWANT KAUR Vs. SHER SINGH

JUDGEMENT

(1.) THE claimants are the widow and children of deceased Mohinder Singh. They had filed a petition under Sections 140, 163 -A and 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) claiming compensation from Sher Singh, owner of the tractor and Oriental Insurance Company, with whom the tractor was insured. According to the claimants, the deceased, Mohinder Singh was an agriculturist and driver and was driving the tractor which met with an accident due to failure of brakes. The Insurance Company contested the petition and alleged that the petition is collusive. The owner of the tractor admitted all the averments made in the claim petition and stated that he had purchased a new tractor and they were all going to Baba Bardbhag Singh to pay obeisance when the tractor fell down and accident occurred due to the negligence of the driver himself. This claim petition was in fact treated to be a petition under Sections 140 and 166 and not under Section 163 -A of the Act. Neither the learned Tribunal nor any of the Counsel treated this petition to be one under Section 163 -A of the Act.

(2.) THE learned Tribunal rejected the claim petition by holding that the petitioner has failed to prove the negligence of any party. The present appeal was filed. This appeal was taken up for hearing by the then Hon'ble the Chief Justice who dismissed the appeal vide judgment dated 9th August, 2006 and upheld the award of the learned Tribunal by holding that even under Section 163 -A of the Act the petitioner was not entitled to any compensation. Review Petition No. 46 of 2004 was filed and the same was allowed in view of the Division Bench judgment of this Court rendered in Smt. Kokla Devi v. Chet Ram and Anr. reported in 2002 (1) Shim.L.C. 204. While allowing the review petition the Chief Justice directed that keeping in view the question of law involved, the matter be heard by a Division Bench.

(3.) THEREFORE , the petition under Section 163 -A of the Act was not maintainable. Since trial has taken place, issues were framed, evidence led and no party raised any objection before the learned Tribunal, we proceed to treat this petition under Section 166 of the Act.