Case Note & Summary
The present appeal arises from an order dated 22.11.2017 passed by the Motor Accident Claims Tribunal, Akola in MACP No. 92 of 2016, rejecting the application (Exh. 6) filed by the claimants under Section 140 of the Motor Vehicles Act, 1988. The claimants, Saberabi and others, are the mother-in-law and father-in-law of the deceased daughter-in-law who died in a motor vehicle accident. They filed the application seeking interim compensation of Rs. 50,000 on the principle of no-fault liability. The Tribunal rejected the application on the ground that the claimants were not dependents of the deceased. Aggrieved, the claimants filed the present appeal before the High Court. The High Court heard the learned counsel for the appellant and the respondent insurance company. The court examined Section 140 of the Motor Vehicles Act, 1988, which provides for liability to pay compensation in certain cases on the principle of no fault. The court noted that under Section 140(3), the claimant is not required to plead and establish that the death was due to any wrongful act, neglect or default of the owner or any other person. The court held that the only requirement for entitlement to interim compensation under Section 140 is that the death resulted from an accident arising out of the use of a motor vehicle. The question of dependency is not relevant at this stage. The court further observed that the Tribunal erred in rejecting the application on the ground of lack of dependency. Accordingly, the High Court allowed the appeal, set aside the impugned order, and directed the respondent insurance company to pay interim compensation of Rs. 50,000 to the claimants within four weeks.
Headnote
A) Motor Accident Claims - No-Fault Liability - Section 140 Motor Vehicles Act, 1988 - Interim Compensation - Claimants sought interim compensation of Rs. 50,000 for death of daughter-in-law in motor accident - Tribunal rejected application on ground that claimants were not dependents - High Court held that under Section 140, claimants need not prove negligence or dependency; only requirement is death arising out of use of motor vehicle - Appeal allowed, interim compensation granted (Paras 4-6).
Issue of Consideration
Whether the claimants are entitled to interim compensation under Section 140 of the Motor Vehicles Act, 1988 without proving negligence?
Final Decision
Appeal allowed. Impugned order dated 22.11.2017 set aside. Respondent No. 1 (New India Assurance Co. Ltd.) directed to pay interim compensation of Rs. 50,000 to the claimants within four weeks.
Law Points
- No-fault liability
- Section 140 Motor Vehicles Act
- 1988
- interim compensation
- death in motor accident
- dependency
