RANI SINGH Vs. BINA DEVI

JUDGEMENT

(1.) HEARD Mr. Devendra Kumar Sinha, Sr. Advocate, for the appellant, Mr. Bajrangilal for respondent nos. 1 to 5, and Mr. Sunil Kumar for respondent no. 6.

(2.) THIS appeal is directed against the order dated 27.1.2001, passed by the learned 10th Additional District Judge -cum -Claims Tribunal, Rohtas at Sasaram, in M. V. Act Case No. 69 of 2000 (Bina Devi V/s. Smt. Rani Singh and Ors.), whereby it has been directed that the owner of the vehicle (the appellant herein) shall pay a sum of Rs. 50,000/ - to the claimants (respondent nos. 1 to 5 herein) by way of interim compensation in terms of Section 140 of the Motor Vehicles Act, 1988. , on the basis of no -fault liability.The claim case is pending before the Tribunal at the instance of the claimants who are respondent nos. 1 to 5 before me, on account of death of late Mahendra Prasad leaving behind his widow (Most. Bina Devi) and four minor children (respondent nos. 2 to 5). Learned counsel for the appellant submits that the learned Tribunal has erred in passing the impugned order inasmuch the liability for interim compensation is of the Insurance Company. Learned counsel for respondent nos. 1 to 5 (the claimants) has supported the stand taken by learned counsel for the appellant.

(3.) IT appears to me from the provisions contained in Section 140 of the Act that the interim compensation is directed to be paid on no -fault basis. The same has to be read with Section 145 (c) of the Act which lays down to the effect that "liability wherever used in relation to the death of or bodily injury to any person includes the liability in respect thereof under Section 140." Before I pass on to the most relevant judgment on this point, I would like to refer to Full Bench judgment of Punjab & Haryana High Court, reported in AIR 1982 PUNJAB AND HARYANA 267 (Oriental Fire & General Insurance Co. Ltd. V/s. Bachan Singh), wherein the concept of indemnity in Insurance Law has been discussed and enunciated, which has to be read with definition of liability occurring in Section 145 (c) of the Act. On account of this definition, the liability of the owner of the vehicle passes on to the Insurance Company. This aspect of the matter was considered by a Division Bench of this Court reported in 2001 (3) PLJR 103 (Kanhai Rai V/s. Dharampal), wherein it has been held that in view of the provisions of Section 140 read with Section 145 (c) of the Act, the liability for interim compensation based on no -fault basis is that of the Insurance Company. In that view of the matter, the impugned order is hereby modified to the extent that the Insurance Company (respondent no. 6) is substituted in place of the owner of the vehicle. In other words respondent no. 6 (New India Assurance Company Limited, Branch Office. G.T.Road, Town and P. S. Sasaram, District Rohtas) is hereby directed to pay a sum of Rs. 50,000/ - by means of an A/c Payee cheque in favour of Most. Bina Devi (respondent no. 1) within a period of four weeks from today, which shaft be handed over to the learned Claims Tribunal who shall ensure handing over the same to Most. Bina Devi. The office is hereby directed to refund the statutory amount deposited in this Court by means of an A/c Payee cheque in favour of Smt. Rani Singh the appellant and be handed over to Mr. Anil Kumar No. 1, learned counsel for the appellant.