UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHAIK DILSHAD

JUDGEMENT

(1.) The United India Insurance Company Limited is the appellant in this appeal filed against the Award in O.P.No.714 of 1993, dated 11.12.1996 passed by the Motor Vehicle Accidents Claims Tribunal-cum-District Judge, Cuddapah.

(2.) The respondents herein filed two O.Ps being O.P.No.714 of 1993 under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'), and O.P.No.715 of 1993 under Section 140 of the Act, claiming an amount of Rs.2,00,000/- and 25,000/- respectively towards compensation for the death caused by the motor vehicle accident that took place on 13.9.1993 due to rash and negligent driving of the van bearing No.APD 5740. The owner of the van, ninth respondent herein, and the appellant - Insurance Company opposed the claim inter alia contending that the accident did not occur due to rash 'and negligent driving of the driver of the van, the driver was not having valid licence and that the amount claimed is excessive. The claimants examined PWs.l and 2 and marked Exs.Al to A25 whereas the respondents examined RW1 and marked Exs.Bl and B.2. The Tribunal recorded a finding that the accident occurred to rash and negligent driving of the driver of the van. Having regard to the evidence, the Tribunal in O.P.No.714 of 1993 awarded a sum of Rs.64,000/- towards pecuniary damages and Rs.28,364/- towards consortium, transport charges, funeral expenses, medical expenses and other non-pecuniary damages. The Tribunal also awarded an amount of Rs.25,000/- in OP No.715 of 1993 which was filed under Section 140 of the Act. Feeling aggrieved by this, the present appeal is filed.

(3.) The learned Counsel for the appellant placed reliance on sub-section (3) of Section 141 of the Act and contends that when the amount awarded towards loss of dependency or loss of earnings and compensation for other heads exceeds the amount of compensation or equal to compensation under Section 140 of the Act, the Tribunal has to deduct the amount of no fault liability. Sub-section (3) of Section 141 of the Act reads as under: 141(3). Notwithstanding anything contained in sub-section (1), where in respect of the death or permanent disablement of any person, the person liable to pay compensation under Section 140 is also liable to pay compensation in accordance with the right on the principle of fault, the person so liable shall pay the first-mentioned compensation and (a) if the amount of the first-mentioned compensation is less than the amount of the second-mentioned compensation, he shall be liable to pay (in addition to the first-mentioned compensation) only so much of the second-mentioned compensation as is equal to the amount by which it exceeds the first-mentioned compensation; (b) if the amount of the first-mentioned compensation is equal to or more than the amount of the second-mentioned compensation, he shall not be liable to pay the second-mentioned compensation.