ORIENTAL INSURANCE COMPANY LTD Vs. P BALAGANGADHARE RAO

JUDGEMENT

(1.) The 1st respondent filed O.P. No.493 of 2004 before the Motor Accidents Claims Tribunal-cum-Additional District Judge's Court, Anantapur, claiming compensation against the appellant and the 2nd respondent. It was alleged that on 6-1-2004, the 1st respondent boarded the van bearing No.AP-22-T-8838 at Kurnool, along with sheep, with an intention to go to Banglore Market. It was alleged that when the van reached Rapthadu Village, it was being driven in a high speed and on losing the control, it dashed against a stationed lorry and thereby he sustained grievous injuries. In that O.P. he filed I.A. No.708 of 2005 under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act'), claiming a sum of Rs.25,000/- towards no fault liability. The application was resisted by the appellant alone, and the owner of the vehicle, the 2nd respondent herein, remained ex parte. On a consideration of the matter, the Tribunal allowed the I.A. on 3-11-2005 and awarded a sum of Rs.25,000/-. The same is challenged in this C.M.A.

(2.) Sri R. Briz Mohan Singh, the learned counsel for the appellant submits that mere filing of an application under Section 140 of the Act was not sufficient and it was obligatory on the part of the 1st respondent to prove the fact that he incurred permanent disablement. He contends that the evidence on record was inconsistent and the Tribunal was not justified in passing the order under appeal.

(3.) Apart from enabling the victims of motor vehicle accidents or their dependents, to make claims and recover damages by invoking the procedure under Chapter XII of the Act, the Parliament had provided for payment of liability without fault in Chapter X of the Act. Section 140 of the Act provides for payment of a sum of Rs.50,000/- in case of death and a sum of Rs.25,000/- in case of permanent disablement, without the requirement of proving the negligence or guilt of the owners of the vehicles involved in the accident. It is apt to extract subsection (3) thereof to appreciate the purport of the enquiry to be undertaken while considering the no fault liabilities. It reads as under: