ATTAU RAHMAN MASOODI,J. - (1.) These two civil revisions have come to be filed against two separate orders dated 26.3.2015 passed by Motor Accidents Claims Tribunal/Fast Track Court No. 2, Raebareli in MACP No. 104/2012 and MACP No. 49/2012 whereby applications filed by the revisionist (insurance company) for summoning the driver, investigating officer and owner in relation to the two accidents in question, on the ground that previous applications filed in the respective cases with the same prayer were rejected by order dated 18.11.2013 hence the second application for the same cause would not lie.
(2.) Accidental claims under the Motor Vehicles Act, 1988 are registered before the Tribunal either under Section 166 or 163-A of the Act. There is yet another category of cases i.e. 'hit and run' which are regulated under Section 161 of the Act. Motor Vehicles Act, 1988 also provides a mechanism for registration of accidental cases under Section 158 (6) read with Section 166 (4). The scope of registration of cases on the basis of reports forwarded under Section- 158 (6) of the Act came to be considered by the apex court in the case of Jai Prakash v. National Insurance Company Ltd. and others, reported in (2010) 2 SCC 607, wherein necessary guidelines have been issued to the police authorities so as to carry out the mandate of law.
(3.) For the present, this Court is dealing with two cases filed under Section 166(1)) instituted by two identified claimants against owner and driver of vehicle no. UP33 T 4802, besides the appellant i.e. insurer, who are impleaded as opposite parties. Section 166 of the Act for ready reference is reproduced below: "166. Application for compensation.- (1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made- (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. (2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant. (3) [omitted by Act 53 of 1994] (4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this Act." ;