1. These appeals are directed against the judgement and award dated 16.09.2000 passed by learned Motor Accident Claims Tribunal (Main), Kutch at Bhuj below Ex. 1 in Motor Accident Claims Petition No. 413 of 2002, wherein the Tribunal has awarded a sum of Rs. 3,27,200/- along with interest at the rate of 9% per annum from the date of application till realization.
2. According to the claimants, on 14.03.1998, when deceased Naranbhai Madanbhai was driving a tanker bearing registration no. GJ-12-T-5838, a truck bearing registration no. GJ-12-U 7505 came from the opposite direction in full speed. The truck collided with the tanker as a result of which said Naranbhai Madanbhai sustained injuries and succumbed to the same. The claimants being legal heirs therefore filed the aforesaid application under Section 163-A of the Motor Vehicles Act seeking interim compensation wherein the impugned award came to be passed which is challenged in the present appeals.
3. Mr. Salil Thakore, learned Advocate appearing for Ms. Megha Jani for the appellant of First Appeal No. 443 of 2001 submitted that the Tribunal clearly fell in error while passing the impugned award in view of the fact that the appellant insurance company was not the insurer of the truck, the owner and driver of which is held liable for compensation but was the insurer of the tanker. He submitted that the Tribunal failed to appreciate that the claimants have not joined either the driver or owner or the insurance company of the truck which caused the accident as parties. He submitted that the Tribunal has erred in passing the award against the owner and insurance company of the tanker.
5. It is by now well settled law that application under section 163-A of the Motor Vehicles Act cannot be treated at par with an application under Section 140 of the Act. Under Section 140 of the Act only fixed compensation is payable whereas it is not the case in an application under Section 163- A of the Act. As per the law laid down by the Apex Court, award under Section 163-A is an alternative to an award under Section 166 of the Act and therefore application under Section 163-A cannot be disposed of in a summary manner without considering the issue of liability of the Insurance Company and also other issues.
6. I have gone through the judgement of the Tribunal. The Tribunal has proceeded on the basis that the appellant of First Appeal No. 443 of 2001 is the insurer of the truck in question. Prima facie it appears that as per the averments made by the claimants in the claim petition the accident took place because of the negligence of the driver of truck no. GJ- 12-U-7505. It appears that the Tribunal has not considered the facts mentioned hereinabove according to which the appellant is not the insurer of the motor vehicle truck but is the insurer of the tanker bearing registration no. GJ-12-T-5838. Resultantly, the Tribunal is required to reconsider the matter more particularly in view of the aforesaid facts and therefore both the matters are required to be remanded to the Tribunal since they arise out of the same claim application.
7. In the premises aforesaid, the judgement and award impugned in the present appeals is hereby quashed and set aside. The matters are remanded to the Tribunal to consider the same afresh in light of the discussion made hereinabove after considering the evidence adduced by both the sides. The Tribunal shall hear and decide the matters as early as possible and in any case within a period of two years from the date of receipt of writ of this order.
8. In the meanwhile the awarded amount shall be invested in a fixed deposit by the Tribunal with any nationalized bank in the name of the Nazir of the Tribunal for a period of two years and renewed every year if need be and the receipt thereof shall be retained with the Tribunal. The interest that may be accrued on the said deposit shall not be disbursed. The amount shall be disbursed as per the final decision of the Tribunal.
9. It is clarified that Court has not expressed any opinion on the merits of the case. The appeals are allowed to the aforesaid extent.
(K.S.JHAVERI, J.) Divya//