UNITED INDIA INSURANCE CO LTD Vs. RALAGAMTHANGA

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 (in short 'M.V. Act') preferred by the appellant insurance company against the award dated 20.8.1996 passed by the Motor Accidents Claims Tribunal, Aizawl in MACT Case No. 75 of 1993.

(2.) The claimant's brother's son was employed by the respondent No. 2 to supervise his stone quarry works at South Himen and died while on duty and while travelling as a workman. The claimant preferred a claim petition under section 166 of the Motor Vehicles Act, 1988 and the learned Motor Accidents Claims Tribunal, Aizawl by award dated 20.8.1996 decreed the claim petition and awarded a sum of Rs. 2,65,644. Aggrieved with the said award, the appellant, United India Insurance Co. Ltd. with whom the vehicle was insured has preferred this appeal.

(3.) In the judgment, the learned Member, Motor Accidents Claims Tribunal, Aizawl, made the following observation: Although the Aizawl P.S. police had registered a criminal case vide Aizawl P.S. Case No. 699 of 1993 dated 25.9.93 under sections 279/338/304-A, Indian Penal Code against the driver but as after investigation no negligence was found either on the part of the driver or on the part of the owner, so the case ended in F.R. vide No. 207 dated 25.10.1993. There is no further evidence on record to show that the accident was caused due to any negligence on the part of the O.P. No. 1.1 am, therefore, constrained to hold that the death of Lalthanmawia was purely accidental and the claimant could not satisfy by proof that the cause of the accident should be attributed to any proven negligence or fault of either the driver or the owner of the vehicle, i.e., ZRM 8825. However, the prayer made by learned counsel for the claimant that the learned Member, Motor Accidents Claims Tribunal, Aizawl has awarded compensation under the Workmen's Compensation Act, 1923 read with section 140 of the M.V. Act, 1988. The relevant portion of section 140 of the M.V. Act provides as follows: "(1) Where 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 owners 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 the death of any person shall be a fixed sum of twenty-five 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 twelve thousand rupees." In view of the provisions of section 140 of the Motor Vehicles Act where the accident has occurred from the use of the vehicle and the cause of accident cannot be attributed to any negligence/fault of the driver/owner of the vehicle only statutory amount of Rs. 25,000 in case of death and Rs. 12,000 in case of permanent disability has to be awarded. So in the instant case, only statutory amount of Rs. 25,000 could be awarded to the claimant as the accident is not due to negligence/fault of the driver or owner of the vehicle. The learned Member, Motor Accidents Claims Tribunal was not justified in decreeing the claim petition preferred Under section 166 of the Motor Vehicles Act read with the provisions of Workmen's Compensation Act, 1923. The award passed by learned Member, Motor Accidents Claims Tribunal is, therefore, clearly without jurisdiction and is not sustainable in law.