ORIENTAL INSURANCE CO LTD Vs. SHAMSHAD ALI

JUDGEMENT

(1.) Heard Sri V.C. Dixit, learned counsel for the appellant and Sri Amresh Sinha, learned counsel for the respondent - Insurance company. None appears for the owner.

(2.) By means of this appeal, the appellant challenges the judgment and award dated 7.10.2002 passed by Motor Accident Claims Tribunal, Meerut, (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 764 of 1999 awarding a sum of Rs. 4,33,710/- with interest at the rate of 9 per cent.

(3.) The claim petition was preferred under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") claiming a sum of Rs.26 Lac with 18% rate of interest. As far as the claimant injured is concerned, he was a person who was a conductor/helper in one of the vehicle. The issue is could the Tribunal had decided the issue of negligence in a claim petition under Section 163-A of the Act. Could the Tribunal has decided the issue of negligence? In a petition under Section 163-A of the Act it should not have which means that the Tribunal went on to decide the claim petition as if it was a claim petition under Section 166 of the Act and, therefore, this Court will have to ascertain whether it was a case of co-authorship of negligence of the drivers who were driving the vehicles and qua the claimant it would be a case of composite negligence. The principles enunciated for deciding negligence by the various courts would have to be visualized which are as follows:-