Case Note & Summary
The appellant, Madhav Vitthal Chattekar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.5 lakhs for injuries and permanent disablement suffered in a road accident. The accident occurred when a tractor trolley in which he was travelling was hit from behind by a truck. The appellant also made an application under Section 140 of the Act seeking interim compensation of Rs.25,000 on the principle of no fault liability. The Motor Accident Claims Tribunal, Kelapur, Yavatmal, by order dated 25th March 2022, rejected the application on the ground that at the time of the accident, the offending truck was driven by a cleaner who did not possess a valid driving license. Aggrieved, the appellant filed the present appeal. The High Court considered the scope of Section 140, which provides for compensation in case of death or permanent disablement on the principle of no fault liability. The Court observed that the only requirement for entitlement under Section 140 is that the accident arose out of the use of a motor vehicle and resulted in death or permanent disablement. The question of negligence or the validity of the driver's license is not relevant at the stage of interim compensation. The Court held that the Tribunal erred in rejecting the application on the ground of the driver not having a valid license. Accordingly, the appeal was allowed, the impugned order was set aside, and the Tribunal was directed to pay Rs.25,000 to the appellant as interim compensation under Section 140.
Headnote
A) Motor Vehicles Act - No Fault Liability - Section 140 - Interim Compensation - The claimant sought interim compensation of Rs.25,000 under Section 140 of the Motor Vehicles Act, 1988 for injuries sustained in a road accident. The Tribunal rejected the application on the ground that the offending truck was driven by a cleaner without a valid license. The High Court held that Section 140 provides for compensation on the principle of no fault liability and the question of negligence or validity of the driver's license is not relevant at the stage of interim compensation. The Court allowed the appeal and directed payment of Rs.25,000 to the claimant. (Paras 1-9)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in rejecting the application under Section 140 of the Motor Vehicles Act, 1988 for interim compensation on the ground that the driver of the offending vehicle was not holding a valid driving license.
Final Decision
Appeal allowed. Impugned order dated 25th March 2022 set aside. The Motor Accident Claims Tribunal, Kelapur, Yavatmal, is directed to pay Rs.25,000 to the appellant as interim compensation under Section 140 of the Motor Vehicles Act, 1988.
Law Points
- No Fault Liability
- Section 140 Motor Vehicles Act
- 1988
- Prima Facie Findings
- Interim Compensation
- Driver's License Not Relevant
Case Details
2022 LawText (BOM) (10) 88
First Appeal No.521 of 2022
Mr. Vivek Awchat for Appellant, Mr. Yowash Salve h/f Mr. John Anthony for Respondents No.1 and 2, Shri Lalit Limaye for Respondent No.3
Madhav s/o Vitthal Chattekar
Mohammad Ali s/o Mubarik, M/S Mehrab Logistics and Aviation Limited, The Oriental Insurance Company Limited
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Nature of Litigation
Appeal against order of Motor Accident Claims Tribunal rejecting application under Section 140 of Motor Vehicles Act, 1988 for interim compensation.
Remedy Sought
Appellant sought setting aside of Tribunal's order and grant of Rs.25,000 as interim compensation under Section 140.
Filing Reason
Appellant sustained grievous injuries and permanent disablement in a road accident and sought interim compensation on no fault liability basis.
Previous Decisions
Motor Accident Claims Tribunal, Kelapur, Yavatmal, by order dated 25th March 2022, rejected the application under Section 140 on the ground that the offending truck was driven by a cleaner without a valid driving license.
Issues
Whether the Tribunal erred in rejecting the application under Section 140 of the Motor Vehicles Act, 1988 on the ground that the driver of the offending vehicle did not possess a valid driving license.
Submissions/Arguments
Appellant argued that Section 140 provides for compensation on no fault liability and the question of negligence or validity of license is irrelevant at the interim stage.
Respondents opposed the application on the ground that the driver was not licensed.
Ratio Decidendi
Section 140 of the Motor Vehicles Act, 1988 provides for compensation on the principle of no fault liability. The only requirement for entitlement is that the accident arose out of the use of a motor vehicle and resulted in death or permanent disablement. The question of negligence or the validity of the driver's license is not relevant at the stage of interim compensation under Section 140.
Judgment Excerpts
Section 140 of the M.V. Act provides for compensation in case of death or permanent disablement on the principle of no fault liability.
The only requirement for entitlement under Section 140 is that the accident arose out of the use of a motor vehicle and resulted in death or permanent disablement.
The question of negligence or the validity of the driver's license is not relevant at the stage of interim compensation.
Procedural History
Appellant filed Motor Accident Claim Petition No.51 of 2017 under Section 166 of the Motor Vehicles Act, 1988 before M.A.C.T. Kelapur, Yavatmal, along with an application under Section 140 for interim compensation. The Tribunal rejected the Section 140 application on 25th March 2022. Appellant filed First Appeal No.521 of 2022 before the Bombay High Court, Nagpur Bench, which was reserved on 18th October 2022 and pronounced on 21st October 2022.
Acts & Sections
- Motor Vehicles Act, 1988: 140, 166
