ORIENTAL INSURANCE CO LTD Vs. LAKSHMIKUTTY AMMA

JUDGEMENT

(1.) THE subject matter of these appeals is the interim awards passed by the Additional M. A. C. Tribunal, Mavelikara under S. 140 of the Motor vehicles Act, 1988 (for short'the Act' ). THEse appeals were filed by the oriental Insurance Co. Ltd. , the insurer of the motor vehicle involved in a rail - motor collision which took place on 14. 5. 1996 at the railway level cross on public road near Mampra - Alummood junction. In the collision 33 persons died and their legal heirs filed applications under S. 166 of the Act claiming compensation. In these appeals we are concerned with three of such applications. After filing the main applications the claimants filed separate petitions, under S. 140 of the Act praying for interim awards. THE Tribunal awarded Rs. 50,000/-each in those applications by three separate interim awards after hearing the parties. Those awards are under challenge in these appeals filed by the insurer.

(2.) HEARD learned counsel for the appellants and respondents. Standing counsel for the Southern Railway was also heard.

(3.) WHAT is required to be stated by a claimant for obtaining an order for compensation under S. 140 (1) of the Act is that the death or permanent disablement of a victim has resulted from an accident arising out of the use of the motor vehicle or motor vehicles. When the Tribunal is satisfied with this requirement it can by order direct the owner or owners of the motor vehicles to pay compensation in respect of such death or disablement under sub-s. (1 ). While doing so, the Tribunal is not concerned as to whether the accident was due to any wrongful act, neglect or default of the owner or driver of the vehicle; nor was it due to such act of the victim. It need not identify at this stage all the vehicles liable for compensation because the liability under the Act is joint and several. When the owner of one of the vehicles involved in the accident is identified the Tribunal gets power to order compensation under S. 140 making such owner liable to pay the compensation.