Case Note & Summary
The appeal was filed by the claimants, the wife and children of the deceased Shantaram, challenging the judgment and award dated 12.07.2012 passed by the Motor Accident Claims Tribunal No.V, Bijapur in MVC.No.1578/2009. The Tribunal had rejected the claim petition filed under Section 163A of the Motor Vehicles Act, 1988 seeking compensation of Rs.11,00,000/-. The brief facts are that on 14.08.2009, the deceased Shantaram was driving a Tempo bearing registration No.MH-04-C-9028 near Pune in Hinjawadi at 04.00 a.m. when the vehicle met with an accident, causing him injuries and death. The Hinjawadi Police registered a case in Crime No.134/2009. The claimants examined Smt.Shobha, wife of the deceased, as PW.1 and marked documents. The Tribunal rejected the claim on the ground that the deceased was negligent in driving the vehicle. The legal issue was whether the Tribunal was justified in rejecting the claim under Section 163A on the ground of negligence. The claimants argued that under Section 163A, no proof of negligence is required and the Tribunal erred. The respondent insurance company supported the Tribunal's order. The High Court analyzed that Section 163A provides for payment of compensation on a structured formula basis without proof of negligence, and the concept of contributory negligence is not applicable. The Court held that the Tribunal's order was erroneous and set it aside, remitting the matter to the Tribunal for fresh consideration in accordance with law. The appeal was allowed.
Headnote
A) Motor Vehicles Act - Compensation under Section 163A - No Proof of Negligence Required - The Tribunal rejected the claim petition on the ground that the deceased was negligent in driving the tempo. The High Court held that under Section 163A of the Motor Vehicles Act, 1988, the claimants are entitled to compensation on the structured formula basis without proof of negligence. The concept of contributory negligence is not applicable to claims under Section 163A. The appeal was allowed and the matter remitted to the Tribunal for fresh consideration. (Paras 4-6) B) Motor Vehicles Act - Contributory Negligence - Not a Bar under Section 163A - The Tribunal erred in applying the principle of contributory negligence to a claim under Section 163A. The High Court clarified that Section 163A is a no-fault liability provision and the claimants need not establish negligence. The Tribunal's order was set aside. (Paras 5-6)
Issue of Consideration
Whether the Motor Accident Claims Tribunal was justified in rejecting the claim petition filed under Section 163A of the Motor Vehicles Act, 1988 on the ground that the deceased was negligent in driving the vehicle.
Final Decision
Appeal allowed. The judgment and award dated 12.07.2012 passed by the Motor Accident Claims Tribunal No.V, Bijapur in MVC.No.1578/2009 is set aside. The matter is remitted to the Tribunal for fresh consideration in accordance with law. The parties are directed to appear before the Tribunal on 10.12.2018.
Law Points
- Section 163A of Motor Vehicles Act
- 1988 provides for payment of compensation on structured formula basis without proof of negligence
- contributory negligence is not a bar under Section 163A
- claimants are entitled to compensation under Section 163A even if deceased was negligent.
