G PRABHAKAR Vs. T BRAHMAIAH

JUDGEMENT

(1.) This is an appeal under S.110-D of the Motor Vehicles Act by the owner of the vehicle against whom an order has been passed by the Tribunal imposing the liability under S. 92-A of the Act. The owner is not questioning his own liability nor is he questioning the entitlement of the persons who have claimed the compensation. But, he is aggrieved by the order of the Tribunal to the extent it has held that the Insurance Company is not liable for the liability without fault under S.92-A of the Act. I have heard the counsel for the appellant and the counsel for the Insurance Company.

(2.) In an accident on 6-9-1983 with Lorry API 962 the deceased aged 25 years was killed. His parents, sisters and unmarried brothers have filed a claim petition O.P. No. 4930/1983 on the file of the Motor Accidents Claims Tribunal. Karimnagar District u/s 92-A of the Act impleading the owner as well as the Insurance Company as respondents. The fact that the vehicle was insured with the respondent-insurance Company is not in dispute. It is represented that another claim petition for payment of compenstion under S.110-A is also filed and is pending. The short question in the appeal is whether an Insurer is liable to pay the amount awarded under S.92A of the Act?

(3.) Chapter VIIA in which S. 92-A finds a place, was introduced by Act 47 of 1982 with effect from 1-10-1982. The said Chapter provides for determination of liability and payment of compensation in case of death or bodily injury in a motor accident without need nor establishment of wrongful act, neglect or default of the owner of the vehicle or vehicles concerned. This Chapter has been introduced by the Parliament with a view to provide for speedy payment of compensation to the victims of the motor vehicle accidents or their heirs. This payment is to be without prejudice to the award or compensation in a regular enquiry on a claim filed under S.110-A of the Act. However, in view of S.92-B(3) the amount paid under this Chapter is to be taken into consideration at the time of any award in proceedings under S.110-A. S.92-E gives overriding effect to the provision of this Chapter. The Tribunal has held that having regard to the language of S.92-A it is the owner of the vehicle who is made liable to pay compensation. According to it, as there is no mention of the insurance Company or its liability for the said compensation in S.92-A there cannot be an award against it.