NATIONAL INSURANCE CO. LTD. Vs. GUDDI AND ANR.

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Insurance Company against the judgment cum award dated 4.12.2013 passed by the learned Motor Accident Claims Tribunal, Hanumangarh in M.A.C. Case No. 118/2010, whereby compensation of 1,72,500/- was awarded to the respondent No. 1 claimant and the appellant Insurance Company was held responsible to make payment of the award.

(2.) Facts in brief are that the deceased Dayaram was proceeding from his Village Puccasarana to Hanumangarh on the motorcycle belonging to Shri Amilal the respondent No. 2 and insured with the appellant Insurance Company. He collided with a milestone fixed on the side of the road and received fatal injuries in the accident. The respondent claimant filed a claim application before the Tribunal under Section 163A of the Motor Vehicles Act. The Insurance Company appeared in the proceedings and filed a written-statement stating that the deceased was not having a licence to drive a motorcycle at the time of the accident and thus, the claim be rejected. The Tribunal framed the following issues for consideration.

(3.) The Insurance Company took a plea before the Tribunal that even in cases, where the claim was filed under Section 163A of the Motor Vehicles Act then too, the Insurance Company was entitled to take a plea of rash and negligent driving by the victim and to oppose the claim on that ground. The Tribunal held that the concept of no fault liability under Section 163A of the Motor Vehicles Act was enacted in order to benefit the poor people, who became victims of the accident. It was held that the provisions of the Act entitling the Insurance Company to raise defences for opposing the claim were available in such claim applications filed under Section 163A of the Motor Vehicles Act. Accordingly, the claim application was allowed and the claimant was held entitled to compensation as indicated above.