LAWS(MPH)-1994-7-67

VIRENDRA NARAD Vs. AMRA RAM CHAUDHARY

Decided On July 22, 1994
Virendra Narad Appellant
V/S
Amra Ram Chaudhary Respondents

JUDGEMENT

(1.) THE sole claimant, whose claim for recovery of damages under the provisions of Motor Vehicles Act has been dismissed by the Motor Accident Claims Tribunal, Bilaspur, has preferred this appeal.

(2.) THE facts arising out of the appeal are briefly as follows: The appellant, who is an Advocate, was going on his motor-cycle on 31. 12.1983 at 5.00 p.m. with his companion Shri Pawan Kumar Bajaj, Advocate travelling on the pillion. The claimant's contention is that respondent No. 1 who was driving the Jeep No. MPL 8125 suddenly turned to the right side without any indication after taking over the appellant, and that a cycle-rickshaw puller who was coming in the opposite side had suddenly turned his rickshaw to the right side resulting in the collision between the cycle-rickshaw and the appellant's motor-cycle. The. appellant immediately reported the matter to the Police Station Korba, which was registered as Cr. Case No. 51/84 in the Court of Judicial Magistrate of First Class, Korba.

(3.) THE learned Counsel for the appellant argued that the Claims Tribunal has committed an error in thinking that there should be actual collision between the Jeep and the motor-cycle in order to enable the claimant to claim damages. In support of his contention, he relied upon (he wording in Section 165 of the Motor Vehicles Act, which lays down that Claims Tribunals are constituted for adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of the motor vehicles, or damages to any property of a third party so arising, or both. So also Section 140 provides for liability to pay compensation in the came of death or permanent disablement of any person resulting from an accident arising out of the use of a motor vehicle. The above provisions, therefore, provide for payment of compensation in the event of an accident arising out of the use of motor vehicle, but do not restrict the payment of compensation only in cases where there is actual collision with the motor vehicle concerned.