SHRIMATI DEVKI Vs. J D KAPAL CHAKRAVARTY

JUDGEMENT

(1.) THIS judgment of mine will dispose of F. A. O. No. 748 and 749 both of 1984, as they arise out of one accident in which two ladies Veena Devi and Anita Rani died on account of an accident caused by respondent No. 1 when he was driving truck with Trailor on February 27, 1983 The question of negligence of the driver has become irrelevant before me in view of the statement of the claimants in both the cases, who stated before the Tribunal that they may be granted compensation under Section 92-A of the Motor Vehicles Act, 1988 'under no fault liability'. The claim of the claimants was however, declined by the Motor Accident Claims Tribunal by following a Full Bench judgment of this Court reported as Baxi Amrik Singh v. Union of India, (1973) 75 P. L. R. 1 (F. B. ). However, the ratio laid down in the case Baxi Amrik Singh's case (supra) does not hold good in view of the law laid down by the Supreme Court of India in Pushpa Thakur v. Union of India, 1984 A. C. J. 559 (S. C. ). It has been held in Pushpa Thakur's case (supra) that principle of Sovereign immunity of State for the acts of its employees is inapplicable. This Court in Pushpa Thakur's case (supra) rejected the claim of the claimants by following a Full Bench judgment of this Court reported as Baxi Amrik Singh's case (supra ). In view of the law laid down in Pushpa Thakur's case (supra), Full Bench decision of this Court would be deemed to have been over ruled. In a subsequent judgment given by S. S. Sodhi, J. while deciding the case of Usha Aggarwal v. Union of India, (1985-2) 88 P. L. R. 197. followed the Supreme Court has clearly held that the plea of sovereign immunity does not absolve the actual wrong-doer. By following the judgment rendered by S. S. Sodhi, J. and the Supreme Court, I hold that the claimants are entitled to Rs 25,000/- under Section 140 of the Motor Vehicles Act, 1988. The claimants are, therefore, held entitled to the amount of Rs. 25,000/-, in the case of accident of each of the deceased person. They would also be entitled to interest at the rate of 12% per annum from the date of application. In F. A O. No. 748 of 1984, apportionment of the awarded amount would be like this :-75% of the amount would go to the appellant No 1, whereas 25% would go to the appellant No.

(2.) THE appellant No. 1 would be entitled to claim the awarded amount when she attains majority. Till then, the amount would be deposited by the Motor Accident Claims Tribunal in a Scheduled Bank in Fixed Deposit. 2. In F. A. O. No. 749 of 1984, both the appellants would be entitled to the amount of compensation in the ratio of fifty-fifty. No costs.