Judgment :-

R.M. Lodha, J.

The claimants are in appeal by special leave aggrieved by the judgment and order dated October 1, 2002 of the High Court for the States of Punjab and Haryana at Chandigarh. The High Court by the said order, set aside the order dated August 7, 2001 of the Motor Accident Claims Tribunal, Gurgaon, (for short, `the Claims Tribunal') and held that claim petition filed by the claimants under Section 163-A of the Motor Vehicles Act, 1988 (for short, `Act, 1988') was not maintainable against the respondent-New India Assurance Company Ltd. (for short, `the Insurance Company').

2. Siri Bhagwan was the registered owner of a Jeep bearing No. HR-26-G-0179 which was being used as a Maxicab. The said vehicle was insured with the Insurance Company for the period from August 30, 1999 to August 29, 2000. He himself used to drive that vehicle. An accident occurred on August 15, 2000; Siri Bhagwan while driving the said vehicle on Rewari-Pataudi Road, to save a dog, hit a tree and died. His wife and children--the appellants herein filed a claim petition under Section 163-A of the Act, 1988 before the Claims Tribunal against the Insurance Company claiming compensation in the s