NATIONAL INSURANCE COMPANY LTD Vs. SONIA

JUDGEMENT

(1.) The appellant has impugned the Award dated 10.11.2009 whereby the compensation in the sum of Rs. 4,57,000 along with interest had been awarded in favour of the claimants. The primary ground for contesting this appeal is that the deceased had not died as a result of "an accident" he was travelling in a bus; as per the version of the driver of the bus he had tried to molest a female passenger; when the other passengers joined to save the female passenger the deceased to save himself jumped out of the moving bus as a result of which he sustained injuries pursuant to which he had died. Contention before this Court is that the deceased himself was negligent; he had died because of his own fault. The word "accident" as defined by Black's Law Dictionary has been highlighted to support the submission that such an incident is not an accident; the victim himself was guilty of an act for which his legal heirs deserve no compensation; award is liable to be set aside on this ground.

(2.) Arguments have been refuted.

(3.) Admittedly present claim petition had been filed under Section 163A of the Motor Vehicle Act (hereinafter referred to as 'the MV Act'). Section 163A is based on the principle of no fault liability. Time and again the Apex Court has reaffirmed that compensation claimed and awarded under this provision is on a structured formula as contained in the Second Schedule of the Act. The claimants do not have to prove any fault or negligence on the part of the driver before getting an award for compensation; in fact this provision starts with a non obstante clause. This has been reaffirmed by the Apex Court Deepal Girishbhai Soni and Others v. United India Insurance Co. Ltd., 2004 1 ACC 728