MAQBUL HUSSAIN KITABULLAH Vs. KULVINDER SRIRAM KAPOOR

JUDGEMENT

(1.) THIS application involves consideration of interpretation and application of section 92-A and 92-C of Motor Vehicles Act, 1939. This appeal is filed by the original applicant against order dated 22nd July, 1993 passed by the learned Member of Additional Motor Accident Claims Tribunal for Greater Bombay in Application No. 3789 (A) of 1989. In view of the urgency of the situation, the learned Advocate for the appellant was authorised to communicate the adjourned date of hearing to New India Insurance Co. Ltd. , as well as United India Insurance Co. Ltd. , by letter as well as by telegram. On 7th July, 1994, the two Insurance Companies were duly served with the letter dated 5th July, 1994, informing these Insurance companies that the abovereferred appeal shall be heard by this Court on 11th July, 1994. In response to the notice served on the concerned parties, Shri Kudroli, learned Counsel for the United India Insurance Co. Ltd. , has appeared before the Court and has made his submissions at the bar.

(2.) ON 29th November, 1987, at about 8-15 p. m. the appellant was driving the auto rickshaw No. MMQ-6179 alongwith Juhu Tara Road from north to south direction. The respondent No. 2 was the owner of the said auto rickshaw. The appellant was in employment of respondent No. 2 at the material time. The said auto rickshaw was halted for a short while and was stationery. The said auto rickshaw was halted behind another auto rickshaw No. NCJ 816 on account of the traffic jam opposite Palm Grove Hotel. It is the case of the applicant that suddenly Motor Car No. NNB-7011 came from behind in a fast speed and dashed against the autorickshaw No. MMQ-6179 as a result whereof the appellant was thrown off the seat and the appellant suffered various injuries. The appellants auto rickshaw bearing No. MMQ-6179 collided with the other auto rickshaw. The appellant took treatment in Cooper Hospital in the first instance. The appellant thereafter was treated at K. E. M. Hospital. Dr. C. P. Manwani issued a very detailed disability certificate being certificate dated 16th December, 1991 certifying that the appellant had suffered permanent partial disability to the extent of 25 per cent. As a result of the said serious injuries, the appellant can no longer drive vehicle and the several faculties of the appellant are impaired as set out in the said certificate of Dr. C. P. Manwani. The correctness of the statement in the said certificate is not in dispute.

(3.) ON 19th April, 1989, the appellant preferred the claim for compensation before the Motor Accident Claims Tribunal for Greater Bombay. In the said proceedings the appellant made a claim for direction to the effect that all the respondents impleaded in the said application be directed to pay a sum of Rs. 7,500/- to the applicant towards no fault liability in terms of section 92-A of the Motor Vehicles Act, 1939. At the relevant time the Motor Vehicles Act, 1939 was applicable and not the Motor Vehicles Act, 1988.