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2019 DIGILAW 472 (JHR)

Branch Manager Of Bajaj Allianz General Insurance Co Ltd. v. Samudri Devi

2019-02-14

S.N.PATHAK

body2019
JUDGMENT S.N. Pathak, J. - I.A.No.1156 of 2014 in M.A. No.87 of 2014 The instant Interlocutory Application has been filed under Section 5 of the Limitation Act to condone the delay of 06 days in presenting the appeal. 2. Having heard the learned counsel for the appellant and on being satisfied with the grounds taken in paragraph Nos.3 to 5 of the instant Interlocutory Application, the delay of 06 days in filing instant appeal is hereby condoned. 3. Accordingly, I.A. No. 1156 of 2014 stands allowed. M.A. No. 87 of 2014 with M.A. No.296 of 2014 4. The correctness of the Award dated 30.08.2013 passed by the learned District Judge-III cum Motor Vehicles Accident Claims Tribunal, Judge, Dhanbad in Title ( M.V.) Suit No. 287 of 2010 and Award dated 18th June, 2014 passed by District Judge- VII cum- MACT, Dhanbad in Title (M.V.) Suit No. 286/2010 under/Section 140 of the M.V. Act have been assailed. 5. Mr. Siddhartha Jyoti Roy, learned counsel appearing for the appellants assailed the impugned awards on the ground that learned Tribunal have passed impugned Awards without appreciating the legal proposition as well as the facts of the cases, which is not tenable in the eyes of law and as such, same are liable to be set aside. 6. I have heard the learned counsel for the appellants and on perusal of the records, it appears that the learned Tribunal after hearing the respective parties, came to a finding that Defendant No.2/appellant/ Insurance Company is liable to pay Rs. 50,000/- to the respective plaintiffs by way of ad interim compensation against the accidental death of the deceased persons 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. to the claimant of M.A. Case No. 87 of 2014 and 10 % p.a. to the claimant of M.A. No. 296 of 2014 respectively from the date of order. 7. Section 140 of the Motor Vehicle Act, 1988 is reproduced hereinbelow :- 140. 7. 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. 8. 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, both the instant appeals stand dismissed. However, if the Insurance Company/appellants succeed against the final Awards, the amounts paid by way of no fault liability/ ad interim compensation shall be compensated in the main Awards. The Insurance Company/appellants are free to recover the same. The Statutory amount, if any, deposited by the appellants shall be refunded to the appellants within a period of two weeks'' from the date of receipt/production of a copy of this order. 9. Pending I.A.s, in both the cases also stand dismissed.