- (1.) Heard Shri I. P. Chadha learned counsel for the appellant and Shri R. P. Singh learned counsel appearing for the claimant-respondents no.1, 2 and 3. None has put in appearance on behalf of the respondents no.4 to 6 and accordingly the appeal has been heard in their absence.
(2.) The insurance company has preferred the instant appeal being aggrieved against the award dated 18.01.2005 passed in Claim Petition No.442 of 1998 by the Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Barabanki wherein a sum of rupees three lakh forty seven thousand alongwith six per cent interest per annum has been awarded in favour of the claimant-respondents no.1, 2 and 3. The submission of the learned counsel for the appellant is two fold:- (i) The claim petition was bad at the very inception since it mentioned that it was being filed under Section 163-A , 166 , 140 of the Motor Vehicles Act, 1988. Thus, it has been urged that the claimants could not have simultaneously pressed their claim petition in the aforesaid sections and they had to elect whether it was under 163-A or under Section 166 . This not having been done, has vitiated the proceedings and accordingly the award is bad. (ii) It has also been urged that a specific plea was taken by the offending truck owner that his truck was not involved in the accident which is said to have occurred within the jurisdiction of Barabanki while at the alleged given time and date of the accident the said truck was stationed at Muzaffar Nagar. It has also been stated that in the FIR which was lodged post the accident. The truck number was not mentioned nor the police upon investigation found the involvement of the aforesaid truck. Consequently, the finding given by the tribunal in respect of the truck being involved in the accident also suffers from error and for the said reason, the award cannot be sustained.
(3.) Per contra Shri R. P. Singh learned counsel for the respondents no.1, 2 and 3 has submitted that merely by quoting wrong provisions under which the claim petition is filed will not denude the jurisdiction of the Authority of the Claims Tribunal.;