REMYA Vs. RAJIN

JUDGEMENT

(1.) Whether the legal representatives of the wrong doer (rider of the motor cycle) are entitled to get compensation under Sec. 140 of the Motor Vehicles Act 1988 (in short, 'the Act') ? The appellants are legal heirs of deceased Sajeev who died in an accident on 15.5.2014 at 6.45 am at Pachakkil bye pass. Their case is that on 15.5.2014 at 6.45 am, the deceased was riding a motor cycle, KL 53 B 9092 from Velliparamba to Cherarambalam. When he reached at Pachakkil bye pass junction, due to mechanical defect, the vehicle slipped and hit on a concrete post, thereafter capsized, as a result, he sustained serious head injury. Immediately, he was removed to Medical College Hospital. While undergoing treatment, he succumbed to the injuries. Subsequently, the legal heirs preferred O.P(MV) No.155 of 2015 before MACT, Kozhikode.

(2.) The insurance company admitted the policy and contended that the accident was due to negligence of the deceased himself and hence the legal heirs are not entitled to claim for any compensation. In the trial court, Ext.A1 to A3 were marked. After analysing the documents, the claim under Sec. 140 of Motor Vehicle Act ( for short, 'MV Act') was dismissed by the Tribunal. Being aggrieved by that, they preferred this appeal.

(3.) The liability under Sec. 140 of MV Act is to pay compensation on the basis of no fault liability. When death or permanent disablement of any person has resulted from an accident, arising out of the use of a motor vehicle, or motor vehicles, the owner of the vehicle shall or as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement. According to Sec. 140 of the MV Act, in respect of a death, the amount shall be fixed at Rs.50,000.00 and in respect of permanent disablement, the amount shall be fixed at Rs.25,000.00. It is specifically stated that in a claim under Sec. 140(1) of the MV Act, the claimant shall not be required to plead and establish that death or permanent disablement in respect of which such claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned. Ext.A1 is the F.I.R and Ext.A2 is the Postmortem certificate. Ext.A2 shows that death was caused due to the head injuries sustained in the accident.