Case Note & Summary
The case involves two appeals filed by United India Insurance Company Limited against judgments and orders dated 22nd December 2004 passed by the Motor Accident Claims Tribunal in Claim Petitions No. 66/1993, 19/1995, and 17/1993. The accident occurred on the night of 24th September 1992 when deceased Babarao Ambekar and deceased Krishnarao Thakre were proceeding on a scooter bearing registration No. MH27/9964 on Amravati-Chandur Railway Road. The accident was caused by a collision between the scooter and an unknown vehicle. Respondents No. 1 to 3, being the legal heirs of deceased Babarao, filed Claim Petitions seeking compensation from the appellant insurance company or alternatively from the widow of Krishnarao, contending that Krishnarao was driving the scooter at the relevant time and was at fault. The Tribunal found that since the accident involved a motor vehicle and Babarao died in the accident, and the scooter was insured with the appellant, the dependents of Babarao were entitled to receive compensation from the insurance company and Smt. Veena, widow of deceased Krishnarao and owner of the scooter, jointly and severally. The only point for consideration before the High Court was whether in the absence of any evidence about fault in respect of the occurrence of the accident, any liability could be fastened on the appellant/insurer. The High Court, after hearing the counsel, upheld the Tribunal's decision, reasoning that under Section 140 of the Motor Vehicles Act, 1988, the liability is no-fault and the insurer is liable to pay compensation to the legal heirs of the deceased. The appeals were dismissed.
Headnote
A) Motor Accident Compensation - No Fault Liability - Section 140 Motor Vehicles Act, 1988 - Insurer's Liability - The court considered whether the insurer could be held liable in the absence of evidence of fault in the accident. The accident occurred on 24/9/1992 when the scooter collided with an unknown vehicle, resulting in death of Babarao Ambekar. The Tribunal held the insurer and owner jointly liable. The High Court upheld the decision, reasoning that under Section 140 of the Motor Vehicles Act, 1988, the liability is no-fault and the insurer is liable to pay compensation to the legal heirs of the deceased. (Paras 3-5)
Issue of Consideration
Whether in absence of any evidence about the fault in respect of occurrence of accident, any liability could be fastened on the appellant/insurer of the scooter bearing registration No.MH27/9964 involved in the accident?
Final Decision
Both appeals dismissed. The judgments and orders of the Motor Accident Claims Tribunal dated 22nd December 2004 are upheld.
Law Points
- Strict liability
- No fault liability
- Motor accident compensation
- Insurer's liability
- Absence of evidence of fault
