Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 471 (JHR)

Bajaj Allianz General Insurance Co Ltd. v. Surya Kant Mandal

2019-02-14

S.N.PATHAK

body2019
JUDGMENT S.N. Pathak, J. - I.A.No.4401 of 2014 The instant Interlocutory Application has been filed under Section 5 of the Limitation Act to condone the delay of 137 days in presenting the appeal. 2. Having heard the learned counsel for the parties and on being satisfied with the grounds taken in paragraph Nos.2 to 5 of the instant Interlocutory Application, the delay of 137 days in filing instant appeal is hereby condoned. 3. Accordingly, I.A. No. 4401 of 2014 stands allowed. M.A. No. 223 of 2013 4. The correctness of the Award dated 18.06.2013 passed by the learned Principal District Judge-cum-Motor Vehicles Accident Claims Tribunal, Judge, Dhanbad in M.V. (Claim) Case No. 250 of 2013 under/Section 140 of the M.V. Act has been assailed. 5. Mr. Siddhartha Jyoti Roy, learned counsel appearing for the appellant assailed the impugned award on the ground that learned Tribunal has passed impugned Award without appreciating the legal proposition as well as the facts of the case, which is not tenable in the eyes of law and as such, same is liable to be set aside. 6. Mr. M.B. Lal, learned counsel appearing on behalf of the respondent No.1 & 2 submits that against no fault liability, appeal is not maintainable and as such, the instant appeal may be dismissed. 7. I have heard the learned counsel for the parties and on perusal of the records, it appears that the learned Tribunal after hearing the parties, came to a finding that Defendant No.2/appellant/ Insurance Company was liable to pay Rs. 50,000/- to the plaintiffs by way of ad interim compensation against the accidental death of the deceased under Section 140 of the M.V. Act within a period of one month from the date of order, failing in compliance within time, the defendant No.2/appellant shall be liable to pay an interest of @ 6 % p.a. from the date of order. 8. Section 140 of the Motor Vehicle Act, 1988 is reproduced hereinbelow :- 140. 8. Section 140 of the Motor Vehicle Act, 1988 is reproduced hereinbelow :- 140. Liability to pay compensation in certain cases on the principle of no fault.-(1) Whether 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 subsection (1) in respect of the death of any person shall be a fixed sum of (fifty thousand rupees) and the amount of compensation payable under that sub-section in respect of the permanent disablement of any persons shall be a fixed sum of (twenty five thousand rupees). (3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under Sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement. (5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force: Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this Section or under Section 163 A. 9. In view of the statutory provisions and in view of the settled law, No fault liability claim is a statutory right of the claimant/claimants and same cannot be challenged at this stage. In view of the statutory provisions and in view of the settled law, No fault liability claim is a statutory right of the claimant/claimants and same cannot be challenged at this stage. This Court fully agrees with the findings of the learned Tribunal. Accordingly, the instant appeal stands dismissed. However, if the Insurance Company/appellant succeeds against the final Award, the amount paid by way no fault liability/ ad interim compensation shall be compensated in the main Award. The Insurance Company/appellant is free to recover the same. The Statutory amount, if any, deposited by the appellant shall be refunded to the appellant within a period of two weeks'' from the date of receipt/production of a copy of this order.