1. Present Civil Revision Application under section 115 of the Code of Civil Procedure has been preferred by the petitioner herein – original claimant to quash and set aside the impugned order dtd.21/3/2003 passed by the learned Motor Accident Claims Tribunal (Main), Bhuj in Civil Misc.Application No.116 of 2002, by which the learned tribunal has dismissed the said application submitted by the original claimant for getting compensation under No Fault Liability under section 140 of the Motor Vehicles Act, 1988 on the ground that without filling any substantive claim petition for compensation, application for getting compensation under No Fault Liability under section 140 of the Motor Vehicles Act is not maintainable.
2. Having heard Mr.Mehul Shah, learned advocate appearing on behalf of the petitioner and Mr.Hemant Shah, learned advocate appearing on behalf of the respondent No.2 – Insurance Company and considering the decision of the Full Bench of this Court in the case of United India Insurance Co. Ltd. Versus Kadviben Udabhai Rathwa and Another, reported in 2006(2) GLH 106, the impugned order passed by the learned tribunal cannot sustain and the same deserves to be quashed and set aside. It is to be noted that the Full Bench of this Court in the aforesaid decision has specifically held that a separate and/or independent application for compensation under No Fault Liability under section 140 of the Motor Vehicles Act is maintainable even without filing a substantive claim petition.
3. In view of the above and for the reasons stated above, present petition succeeds. The impugned order dtd.21/3/2003 passed by the learned Motor Accident Claims Tribunal (Main), Bhuj in Civil Misc.Application No.116 of 2002 is hereby quashed and set aside and the matter is remanded to the learned tribunal for deciding the application afresh, in accordance with law and on merits and after giving an opportunity to all concerned. Rule is made absolute accordingly.
In the facts and circumstances of the case, the learned tribunal is hereby directed to finally decide and dispose of the said application at the earliest, but not later than 31/12/2012. Registry is directed to send writ of this order to the concerned tribunal immediately.
[M.R. SHAH, J.] rafik