IMPORTANT POINT
There is no basis for holding that a claim to "no fault compensation" under Section 92A of M.V. Act, 1939 could be made only if the person who had died or suffered permanent disablement had not been negligent.

ORDER

The appellant was injured in a motor accident on 15th January, 1987. The accident took place by reason of a collision between the motor cycle which the appellant was riding and a bus belonging to the respondent. The appellant filed a claim petition before the Motor Accidents Claims Tribunal, Madras, seeking compensation from the respondent in the sum of Rs. 2,00,000. The respondent contested the claim and alleged that it was the appellant who had been negligent. The case of the respondent in this behalf was upheld by the Tribunal and by the High Court in appeal. This finding is not now contested.

2. That the appellant suffered permanent disability as a result of the accident was found and is not in issue. What is in issue is the finding of the High Court in the order under appeal that, even so, the appellant was not entitled to "no fault compensation" under Section 92-A of the Motor Vehicles Act, 1939. According to the High Court, the appellant was not entitled to this compensation because he was found to have been negligent. It relied upon the Statement of Objects and Reasons of the Amending Act by reason of which Section 92-A in Chapter VII-A had been introduced, and the judgments of this Court in Gujarat State Road Transport Corporation, Ahmedabad v. Ramanbhai Prabhatbhai & Anr.1, and Minu B. Mehta and another v. Balkrishna Ramachandra Nayan and another2, to hold the provisions of that Section 92-A apply only when there is no negligence on the part of the deceased or the injured person, as the case may be.

3. Section 92-A reads thus :

"S. 92-A. Liability to pay compensation in certain cases on the principles of no fault.-(1) where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointy and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.

(2) The amount of compensation which shall be payable under sub-section (1) in respect of death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of seven thousand five hundred rupees.

(3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.

(4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement."

4. By reason of sub-section (1) of Section 92-A, an absolute liability is cast upon the owner of a vehicle to pay compensation in respect of death or permanent disablement resulting from an accident arising out of its use. By reason of sub-section (3), the claimant is not required to plead or establish that the death or disablement was due to a wrongful act or neglect or default of the owner or any other person. Sub-section (4) is in two parts. The first part states that a claim for compensation under the Section is not defeated by reason of any wrongful act, neglect or default of the person who had died or suffered permanent disablement. The second part states that the quantum of compensation is not to be diminished even if the person who had died or suffered permanent disablement bore some responsibility for his death or disablement.

5. There was, theref