VISHWA MITRA CHHADDA Vs. AMRIT KAUR

JUDGEMENT

(1.) THIS is an appeal under Section 110-D. Motor Vehi cles Act. 1939. The appellant owned an Ambassador car No. USF 3581. He was running it as a taxi between Kanpur and Lucknow, through a driver. On 11 th September, 1969, this car was taking seve-xal passengers including Autar Singh Srom Kanpur to Lucknow. On the way It met with an accident; as a result, Autar Singh along with the driver of the vehicle, died. The legal representatives Of the deceased Autar Singh lodged a claim for recovery of Rs. 1,00,000/- as compensation against the appellant as the owner of the car and the Oriental Fire and General Insurance Company Limited. Kanpur. as the insurer of the vehicle. The Motor Accidents Claims Tribunal decreed the claim for Rs. 26.400/- out of which Rs. 4,000/- were held payable by the insurance company. The appellant was made liable to pay the rest Aggriev ed, the owner of the vehicle has come to this Court in appeal.

(2.) THE Tribunal found that Autar Singh, the predecessor-in-interest of the respondents, was travelling in the taxi owned by the appellant and he died as a result of injuries received at the accident with the taxi. It was found that the accident occurred due to the rash and negligent driving by the driver of the car. The claim was held to be within time.

(3.) IN support of the first submis sion it was urged that the Motor Accid ents Claims Tribunal constituted by the Motor Vehicles Act was a statutory Tri bunal. It had no general powers like a civil court Its jurisdiction was depend ent upon the provisions of the Motor Vehicles Act, and under it the Tribunal can entertain claims for compensation only against the insurer. The claim of the respondents in so far as it proceeded against the appellant, who was the in sured, was incompetent. In support, learned counsel invited our attention to Section 96 of the Motor Vehicles Act. Under this section, where a judgment in respect of any liability covered by an in surance policy is obtained against the person insured by the policy, the insurer is liable to pay to the person entitled to the benefit of the decree any sum not ex ceeding the sum assured payable there under as if he were the judgment-debtor. Under sub-section (2) thereof the insurer is not liable in respect of any such judg ment unless the court gives notice of the proceedings to the insurer and permits it to defend the action.