NATIONAL INSURANCE CO LTD Vs. NATHO DEVI

JUDGEMENT

(1.) ALL the aforesaid three appeals are of the insurance company of the truck, which collided with a Tata Sumo, by reason of which 3 persons expired. ALL the three appeals have been considered in analogous hearing, however, F.A.F.O. No. 2491 of 2008 will be treated as the leading case.

(2.) MR. Anand Kumar Sinha, learned counsel appearing for the appellant insurance company contended before us that accident was caused when the truck was coming down whereas the other vehicle, i.e., Tata Sumo was going up. Therefore, there is a case of contributory negligence. He further submitted that the claim petition was filed under section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), therefore, such claim petition is limited in nature unlike an application under section 166 of the Act. In support of his contention, he explained that the provision of section 140 of the Act is made for no fault liability, which is grossly limited in nature for all practical purposes. Upon going through such section we have come to know that amount of compensation is limited in nature. No proof of death or permanent disablement is required. Claim shall not be defeated for any wrongful act, neglect or default nor the quantum will be recoverable. Likewise under section 163-A payment of compensation is required to be made without any pleading or establishment of wrongful act or neglect or default of the vehicle concerned, but the amount is limited as per structured formula. MR. Anand Kumar Sinha wanted to give a new dimension of thought. He said that though section 163-A is limited in nature but such limitation is made in favour of claimants which has got nothing to do with regard to other aspects of the dispute. Other aspects of the dispute will be governed by the principle of section 166 of the Act made for determining compensation.

(3.) HOWEVER, under no circumstance, the claimant's entitlement will be jeopardized, therefore, the entire sum if already deposited, will be released in favour of claimants and if not deposited, it will be deposited within six weeks from this date and will be released immediately thereafter.