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2002 DIGILAW 392 (JK)

New India Assurance Co. Ltd. v. Naresh Kumari

2002-12-16

B.L.BHAT

body2002
1. An application came to be filed before the Presiding Officer, Motor Accident Claims Tribuna, Kathua under section 166 of the Motor Vehicles Act, wherein it is alleged that on 13.01.2002 Smt. Naresh Kumari respondent herein was traveling by vehicle bearing registration No. 4530 JK02. At Swan chak, this vehicle hit auto rikshaw as a result of which Smt. Naresh Kumari sustained multiple injuries, which resulted into her permanent disability. Alongside this petition, said Naresh Kumari came to file an application under section 140 of the Motor Vehicles Act claiming compensation under no fault scheme. It is further alleged in the application that offending vehicle on the date of accident was insured with the Petitioner-Insurance Company. The learned Tribunal below came to accept this petition and came to award Rs.25,000/- as compensation under no fault scheme under section 140 of the Motor Vehicles Act and directed the Petitioner-Insurance Company to pay this amount to the claimant-respondent during the course of two months. This order came to be passed on 03.08.2002. 2. The Petitioner-insurance company has assailed Order dated 03.08.2002 in this writ petition under Article 227 of the constitution of India read with section 104 of-the constitution of Jammu and Kashmir. 3. Heard Learned counsel for the petitioner- Insurance Company. 4. Section 140 of the Motor Vehicles Act is a beneficial legislation. The Apex Court in a case Gujarat road Transport Corporation Vs. Ramanbai Prabhatbai and another reported as AIR 1987 SC 169 and 1697 observed that: 5. "...In view of the fact and constantly increasing volume of traffic, the motor vehicles upon the road may be regarded to some extent as coming within the principle of liability defined in Rylands Vs. Fletcher, (1868) LR 3 HL 330, 340 From the point of view of the pedestrian the roads of the country have been rendered by the use of the motor vehicles highly dangerous. "Hit and un" cases where the drivers of the motor vehicles who have caused accidents are not known are increasing in number. Where a pedestrian without negligence on his part is injured or killed by a motorist whether negligently or not, he or his legal representatives as the case may he should be entitled to recover damages if the principle of social justice should have any meaning at all. Where a pedestrian without negligence on his part is injured or killed by a motorist whether negligently or not, he or his legal representatives as the case may he should be entitled to recover damages if the principle of social justice should have any meaning at all. In order to meet some extent the responsibility of society to the deaths and injuries caused in road accidents there has been a continuous agitation through out the world to make the liability for damages arising out of motor vehicles accidents as a liability without fault. in order to meet the above social demand on the recommendation of the India Law commission chapter VIIA was introduced in the Act. 6. The Apex Court while discussing the implication of Section 92-A now section 140 of the Act have further observed that: "...This part of the Act is clearly a departure from the usual common law principle that a claimant should establish negligence on the part of the owner or driver of the motor vehicle before claiming any compensation for the death or permanent disablement caused on account of a motor vehicle accident. To that extent the substantive law of the country stands modified..." 7. Having regard to this law, this beneficial legislation provides for immediate aid to the victims of road accident and the amount of compensation is to be paid immediately under no fault scheme and the objection of the owner of the insurer would be examined later when the claim petition will be decided. 8. Viewed thus, I do not find any infirmity or legal error in the impugned order. Therefore, the writ petition intend is liable to be dismissed and the same is accordingly dismissed.