SANT RAM Vs. SURYA PAL

JUDGEMENT

(1.) This appeal under Section 110D, directed against an order of the Motor Accidents Claims Tribunal, Fatehpur, dated September 29, 1984, passed under Section 92A of the Motor Vehicles Act, 1939, gives rise to an interesting, though short, question of importance. The question is whether an appeal lies under Section 110D against such an order. Facts of the case are not very much relevant at this stage except that an accident occurred after October, 1, 1982, when the Central (Amendment) Act 47 of 1982 came into force. Respondent No. 1 has lodged a claim alleging permanent disablement. On his application, the Tribunal directed that a sum of Rs. 7,500 be paid to him and also that initially it is to be borne by the owners of the vehicle though later there may be reimbursement made by the insurer. Aggrieved, the owners of the vehicle have preferred this appeal.

(2.) Preliminary objection has been raised for the respondents to the effect that the order impugned does not constitute an award within the meaning of Section 110D and hence an appeal does not lie. It is trite law that the right of appeal is statutory ; an appeal can be had only if the law provides for the same expressly or by necessary implication. Section 110D(1) lays down that any person aggrieved by an award of a Claims Tribunal may, within the period specified, prefer an appeal to the High Court except, where the amount in dispute is less than Rs. 2,000. The argument put forth for the respondents in that the impugned order is not to be construed as an award of the Tribunal. A quick look at the scheme of the newly added provisions is necessary.

(3.) Chapter VII-A comprising of Sections 92A to 92E was introduced into the Motor Vehicles Act by the Central (Amendment) Act 47 of 1982 with effect from October 1, 1982. The caption given to the Chapter is " Liability without fault in certain cases". Section 92A enacts this principle of no fault liability where the accident results in death or permanent disablement. The amount of compensation payable in respect of permanent disablement of any person is a fixed sum of Rs. 7,500, it being Rs. 15,000 in case of death. For this compensation, the claimant does not have to plead or establish wrongful act or omission on the part of the owner of the vehicle, and, there is no defence available on the ground of contributory negligence or proportionate sharing of liability. Sub-sections (3) and (4) of Section 92A are material. They read as under :