NEW INDIA ASSURANCE COMPANY LTD Vs. MAYA DEVI

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugns a judgment dated 21.04.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a Claim Petition under Section 163-A of the Motor Vehicles Act, 1988 (the Act) (in Suit No.517/2003) was allowed and a compensation of Rs.4,77,839/- was awarded in favour of the Respondents No.1 to 5.

(2.) THERE is a twin challenge to the judgment under Appeal.

(3.) THE first ground of challenge is covered by the judgment of this Court in Usha Sharma & Anr. v. Adarsh Kumar & Anr., MAC APP.506/2011 decided on 19.01.2012 whereby relying on National Insurance Company Limited v. Sinitha & Ors., 2011 (13) SCALE 84, this Court held that a Claim Petition under Section 163-A of the Act can be filed by a person where he himself is not responsible for the accident. Paras 10 and 11 of the report are extracted hereunder:-