- (1.) Heard learned counsel for the parties and perused the record. The instant F.A.F.O. is preferred by the claimants Smt. Khursheed and others challenging the judgment and award dated 7.8.2008 passed by Motor Accident Claims Tribunal/Addl. District Judge, Court No. 13, Kanpur Nagar in M.A.C.P. No. 165 of 2006. Smt. Khursheeda and others v. Harihar Prasad Tiwari and another.
(2.) Brief facts of the case are that on 7.1.2007 at about 4.00 p.m. when Bengali @ Noor Mohammad was going on crane No. U.P. 78-B.N.-6616, it turned turtle due to rash and negligent driving by its driver. Bengali @ Noor Mohammad who was aged about 45 years and claimed to be earning Rs. 4,000 per month, died in the said accident. F.I.R. was lodged at G.D. No. 36 on 7.1.2007 in respect of the accident aforesaid. The claimants filed a claim petition on 14.2.2007 before the Motor Accident Claims Tribunal claiming compensation of Rs. 7,70,000 which was contested by opposite party Nos. 1 and 2 by filing their respective written statements, denying the averments made in the claim petition. The Tribunal on the basis of pleadings of the parties framed the following issues:
(3.) The contention of the learned counsel for the appellants is that the Tribunal has wrongly rejected the claim petition of the claimants on the perverse finding of it being instituted in wrong forum. It is stated that when the said accident occurred the claimants had a choice either to invoke jurisdiction under the Motor Vehicles Act or under the Workmen Compensation Act, as has been held in case of State of J. and K. and others v. Jali and others,2007 4 TAG 683 .;