AO/271/2009
2021 Latest Caselaw 1526 UK

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                                  AO No.271 of 2009
                                  Hon'ble Ravindra Maithani, J.

Mr. Hari Mohan Bhatia, Advocate for the appellants.

Mr. V.K. Kohli, Senior Advocate assisted by Mr. Kanti Ram, Advocate for the respondents.

This matter is being heard though video conferencing.

This is an appeal against judgment and order dated 20.06.2009, passed in Motor Accident Claim Petition No. 123 of 2005, Kunwer Singh and others vs. Kanti Devi and another. Appellants are claimants. The appeal is for enhancement for the award.

During the course of arguments, it is revealed that in fact, the deceased was driver also. The claim petition in the instant case has been filed under Section 163(A) of the Motor Vehicles Act, 1988 (for short, "the Act").

The Court posed a question to the learned counsel for the appellants that, in case, the driver met with an accident without involvement of any other car, which resulted in death of the driver, how can a claim petition is maintainable? To it, learned counsel for the appellants would submit that the insurance company has not filed any appeal, this Court would decide this appeal on the following two points also:- (1) In case, like instant one, when the driver met with an accident which resulted into his death without involvement of any other vehicle, can the dependents of the driver maintain a claim petition under Section 163(A) of the Act? And;

(2) Can this Court consider the question no.1 as formulated above in an appeal, filed by the claimants when the insurance company did not choose to file an appeal.

List this matter after three weeks. The Court accepts the request of the learned counsel appearing for the parties to assist the Court in adjudicating the points as above, apart from the other issues which may be raised during the course of hearing of the appeal by the appellants.

(Ravindra Maithani, J.) 19.04.2021

Sanjay