Order on Board

[ 15 /09/2022]

1. The present is an Owner's Appeal under Section 173 of the Motor Vehicles Act, 1988.

2. Challenge in the Appeal is to the Award dated 30.9.2011 passed by the Fourth Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.157/2011.

3. Vide the impugned Award dated 30.9.2011, the Tribunal has awarded a compensation of Rs.2,44,948/- to the Claimants i.e. Respondents No.1 to 5 herein, with interest thereon at the rate of 6% per annum from the date of filing of the Claim Case till the actual payment of compensation. The liability for payment of compensation has been fastened jointly and severally upon the Appellant and Respondent No.7 herein who were the joint owner of the offending vehicle i.e. Tractor bearing Engine No.42598, Chesis No.34268.

4. Brief facts of the case are that the deceased Baldau Prasad Yadav while driving the offending vehicle i.e. the aforementioned Tractor belonging to Appellant and Respondent No.7, met with an accident on 2.7.2003, when the offending vehicle got turned turtle resulting in his sustaining grievous injuries to which he succumbed instantly.

5. The Claimants had initially filed before the Tribunal a Claim Case No.6/2004 under Section 166 of the Motor Vehicles Act along with an Application under Section 140 of the said Act.

6. The Tribunal concerned while proceeding with the Application under Section 140 of the Motor Vehicles Act, had passed an Interim Award to the tune of Rs.50,000/- in favour of the Claimants. Subsequently, however, the Tribunal vide final Award dated 31.12.2004 dismissed the Claim Case No.6/2004, holding that since no other vehicle was involved in the accident and that it was the deceased himself who was driving the offending vehicle when the accident took place, the Claim Case under Section 166 of the Motor Vehicles Act would not be maintainable.

7. The aforesaid Award dated 31.12.2004 was challenged by the Claimants before the High Court under Section 173 of the Motor Vehicles Act where the case was registered as Misc. Appeal No.199/2005. The said Appeal stood allowed vide Order dated 24.2.2011 wherein the Division Bench of this Court had held as under:-

“5. We are of the opinion that poor persons like the claimants should not be suffered due to lack of legal knowledge and legal advice and they should not be deprived of their genuine claim. Therefore, the matter requires reconsideration at the end of the Tribunal.

6. In view of the facts and circumstances of the case, we allow this appeal in part, set aside and impugned award dated 31.12.2004 and remit the matter back to the Tribunal with a direction that the claimants shall be allowed to amend their petition u/s 163-A of the Motor Vehicles Act. Further the parties shall be allowed to amend the pleadings, adduce further evidence, if any, file the documents or get the documents verified etc., and further the Tribunal shall decide the claim petition afresh at the earliest in the light of the observations made herein above. The records of the Tribunal shall be sent back without further delay. No order as to costs.”

8. Subsequently, in terms of the aforesaid Order 24.2.2011 passed in Misc. Appeal No.199/2005, the Claimants pursued the matter before the Tribunal in Claim Case No.157/2011 under Section 163-A of the Motor Vehicles Act where the learned Tribunal vide the impugned Award dated 30.9.2011 has awarded a compensation of Rs.2,44,948/- to the Claimants, fastening the liability for payment of compensation jointly and severally upon the Appellant/Respondent No.7 herein.

9. It is necessary to mention at this juncture that the Appellant herein was proceeded ex-parte when the Division Bench of this Court had remitted the matter back to the Tribunal concerned. Subsequently, an Application under Order IX Rule 13 of the Code of Civil Procedure, 1908 was filed by the Appellant which too stood rejected by the Fourth Additional District Judge, Bilaspur vide Order dated 9.7.2014 passed in M.J.C. No.197/