By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – Oriental Insurance Company Limited has challenged the judgment and order dated 13th September 2000 passed by the Motor Accidents Claims Tribunal, Bhuj in Motor Accidents Claims Petition No.959 of 1999. 2 The brief facts of the present case are that on 28th October 1999 the deceased – Kanti Mohan Patani was standing on the side of road going from Bhujpur to Deshalpar. At that time, respondent No.3 herein came there driving the jeep bearing No.GAQ 5308 in a full speed and knocked down the deceased as a result of which he sustained serious injuries and died due to the said accidental injuries during the course of the treatment. The claimants, being the parents of deceased Kanti Mohan filed the claim petition under Section 166 of the Motor Vehicles Act claiming total compensation of Rs.3 lakhs.
3 The Tribunal after considering the joint purshis filed by the parties at Exhibit 37 wherein the claimants had stated their acceptance to accept the compensation under Section 166 of the Act and do not want to lead oral evidence and the award may be passed considering the documentary evidence produced on record. The Tribunal has accordingly awarded Rs.1,88,000 to the claimants along with interest at the rate of 12% per annum from the date of the application till realisation, against which the present appeal is filed.
4 Learned counsel for the appellant has mainly contended that the Tribunal could not have awarded the compensation under Second Schedule while deciding the appeal under Section 166 of the Act and the Tribunal has committed an error by doing so.
5 The contention raised by the learned counsel for the appellant is just and proper. Proceedings under Section 163A of the Act are independent proceedings and even with the consent of the parties the Tribunal cannot award compensation under the Second Schedule as the consent of the parties will not confer jurisdiction to the Tribunal. In that view of the matter, the Tribunal has committed an error in awarding the compensation under Section 163A of the Act by following the second schedule.
6. Hence, the appellant – Oriental Insurance Company Limited has challenged the judgment and order dated 13th September 2000 passed by the Motor Accidents Claims Tribunal, Bhuj in Motor Accidents Claims Petition No.959 of 1999 is set aside. The matter is remanded back to the Tribunal for deciding the case afresh. The amount deposited by the insurance company will lie with the Tribunal and the interest accrued thereon will not be paid to anyone.
(K.S.Jhaveri, J.) *mohd