Case Note & Summary
The case involves an appeal against an order dated 7th February 1991 passed by the Motor Accidents Claims Tribunal, which allowed an application under Section 140 of the Motor Vehicles Act, 1988 for interim compensation of Rs.15,000/- on account of no fault liability. The appellants, who were the original opponents in the claim petition, challenged the order on the ground that the death of the deceased was due to a heart attack and not due to any vehicular accident. The respondents, who were the claimants, had filed a claim petition under Section 166 of the Act seeking compensation for the death of the deceased. The Tribunal had directed the appellant No.2 to pay Rs.15,000/- to the respondents under Section 140. The appellants contended that even according to the respondents, the cause of death was a heart attack, which does not arise out of the use of a motor vehicle. The court, after hearing the counsel for both sides, held that the death was due to a heart attack and not due to any accident involving the vehicle. Therefore, the no fault liability under Section 140 was not attracted. The court allowed the appeal, set aside the impugned order, and dismissed the application under Section 140. The court clarified that the dismissal of the application under Section 140 would not affect the claim petition under Section 166, which would be decided on its own merits.
Headnote
A) Motor Vehicles Act - No Fault Liability - Section 140 - Death due to heart attack while driving - The issue was whether the death of the deceased, who suffered a heart attack while driving a motor vehicle, could be considered as arising out of the use of a motor vehicle for the purpose of no fault liability under Section 140 of the Motor Vehicles Act, 1988. The court held that the death must be caused by a vehicular accident and not by a medical condition unrelated to the use of the vehicle. Since the death was due to a heart attack and not due to any accident involving the vehicle, the no fault liability under Section 140 was not attracted. (Paras 1-2)
Issue of Consideration
Whether the death of the deceased due to a heart attack while driving a motor vehicle can be said to have arisen out of the use of a motor vehicle so as to attract no fault liability under Section 140 of the Motor Vehicles Act, 1988.
Final Decision
The appeal is allowed. The impugned judgment and order dated 7th February 1991 is set aside. The application under Section 140 of the Motor Vehicles Act, 1988 is dismissed. The dismissal of the application under Section 140 will not affect the claim petition under Section 166, which will be decided on its own merits.
Law Points
- No fault liability under Section 140 Motor Vehicles Act
- 1988 requires death or permanent disablement to arise out of the use of a motor vehicle
- Death due to heart attack while driving does not attract no fault liability unless vehicular accident is the cause
- Interim compensation under Section 140 is not payable if the death is not caused by a motor vehicle accident
