JAI PRAKASH VAISHNAV Vs. SANJU MATHU

JUDGEMENT

(1.) THE present appeal arises out of award dated 29.01.2003 passed by the 2nd Additional Motor Accidents claims Tribunal, Durg (henceforth 'the Tribunal') in Claim Case no 86/1999 whereby and where under the claim case of the appellant filed under Section 163A of the Motor Vehicles Act, 1988 (for short the 'Act') was dismissed as not maintainable.

(2.) BRIEF facts, in nutshell, relevant for disposal of this case are that on 07.02.1999 at night 6:30 p.m. the appellant, who is pillion rider, was going towards Otebandh on Hero Honda Motor Cycle bearing registration No. MP.24 R.A. 5236 (for short 'the motor cycle'), which was driven by one Viju Vargese. The said motor vehicle is owned by respondent No. 1 and insured by respondent No. 2. At Khapparwad bridge near Baloda road one unknown truck which was being driven rashly and negligently cashed the motor cycle, as a result of which, Viju Vargese died instantaneously and the appellant sustained grievous injuries on his right leg, right hand, body and head. Incident was reported to Police Station Pulgaon, District Durg and Crime No. 51/1999 was registered. The appellant, thereafter, filed an application under Section 161 of the Act and was granted a sum of Rs. 12,500/- on the basis of receiving grievous hurt resulting from hit and run.

(3.) WE have heard learned counsel for the parties at length, perused the impugned order and record of the Court below. Section 163A of the Act is an overriding provision in case of conflict. It is a non - obstante clause i.e., "notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs of the victim, as the case may be." Section 163A of the Act reads as under: