MOHAMMAD ILIAS Vs. BODHANI BAI

JUDGEMENT

(1.) This revision arises out of the order dated 29-4-1987, passed by the Motor Accident Claims Tribunal, Raipur, in Claims Case No. 92 of 1986. By that order, the Claims Tribunal awarded a sum of Rs. 15,000/- under Sec. 92-A of the Motor Vehicles Act, 1939, in favour of the claimants (non-applicants Nos. 1 to 6). However, on observation that the deceased was unauthorisedly travelling in the truck, the Insurance Company has been exonerated from discharging this liability.

(2.) The contention of the truck-owner, who has preferred this revision is that the Insurance Company should also have been jointly made liable under Section 92-A.

(3.) Having heard counsel for the parties, I am of the opinion that the contention is well-founded and the revision must be allowed. Section 92-A of the Motor Vehicles Act is as follows: - "92-A. Liability to pay compensation in certain cases on the principle of no fault.- (1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owner of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under sub-section (1) in respect of death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of seven thousand five hundred rupees. (3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be refused on the basis of the share of such person in the responsibility for such death or permanent disablement."