NATIONAL INSURANCE CO LTD Vs. VRUSHALI SITARAM GAVNANG

JUDGEMENT

(1.) The National Insurance Company Limited (hereinafter referred to as the Insurer) has preferred these two appeals. First Appeal 1535 of 2009 arises from the judgment and order dated 18th February, 2008 below Ext.2 in Claim Application No. 860 of 2006 passed by the learned Member of the Motor Accident Claims Tribunal, Mumbai (for short the Tribunal), whereby the Tribunal allowed the application made by the Respondent Nos. 1 to 3 (hereinafter referred to as the claimants) Under Section 140 of the Motor Vehicles Act, 1988 (for short the Act).

(2.) First Appeal No. 1534 of 2009 arises from the judgment and order dated 5th April, 2008 below Ext.2 in Claim Petition No. 2267 of 2006 passed by the learned Member of the Motor Accident Claims Tribunal, Mumbai (for short the Tribunal), whereby the Tribunal allowed the application made by the Respondent Nos. 1 to 3 (hereinafter referred to as the claimants) Under Section 140 of the Act. Since common questions of law and facts arise in both the appeals, they can be conveniently disposed off by this common order.

(3.) Heard Mr. Kulkarni, learned Counsel for the Appellant-Insurer and Mr. Kotak, learned Counsel for the claimants at length. Mr. Kulkarni submitted that Under Section 140 of the Act, the liability to pay the compensation is saddled only on the owner of the vehicle or as the case may be the owners of the vehicles. There is no scope to implicate the Insurance Company even if the vehicle was covered under the valid insurance policy at the time of the accident. In support of this submission, Mr. Kulkarni relied upon several decisions, which will be referred to at the appropriate place. He further submitted that Section 140 as well as Section 144 of the Act fall in Chapter X of the Act. Section 144 provides that the provisions of the Chapter X shall have effect notwithstanding anything contained in any other provision of the Act or any other law for the time being in force. He therefore submitted that Section 140 of the Act has overriding effect on the other provisions of the Act. Finally he submitted that where the words of the statute are absolutely clear and unambiguous, recourse cannot be had to the principles of interpretation other than the literal rule. In other words, his submission is that the words "Insurance Company" cannot be read into Section 140 so as to saddle the Insurance Company with a liability for payment of compensation thereunder.