IMPORTANT POINTS
(1) In a claim under Section 163A of Act, there is no need for claimants to plead or establish negligence and/or that death in respect of which claim petition is sought to be established was due to wrongful act, neglect or default of owner of vehicle concerned – Claim petition under Section 163A of Act is based on principle of no-fault liability.
(2) Liability of insurance company would be as per terms and conditions of contract of insurance.

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 10.05.2018 passed by the High Court of Judicature for Rajasthan at Jaipur in SBCMA No. 2614 of 2009, by which the High Court has allowed the said appeal preferred by the respondent-insurance company by quashing and setting aside the Judgment and Award passed by the learned Motor Accident Claims Tribunal and consequently has dismissed the claim petition preferred by the original claimants, the original claimants have preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

2.1 That in a vehicular accident which occurred on 02.10.2006, one Chotelal alias Shivram died. The deceased was travelling on motorcycle bearing registration No. RJ 02 SA 7811. At this stage, it is required to be noted that, even as per the claimants, the accident occurred on account of rash and negligent driving of the driver of another motorcycle bearing registration No. RJ 29 2M 9223. That the appellants herein filed a claim petition before the Motor Accident Claims Tribunal, Laxmangarh (Alwar), Rajasthan (hereinafter referred to as the learned Tribunal) under Section 163A of the Motor Vehicles Act (hereinafter referred to as the Act). At this stage, it is required to be noted that the claim petition was preferred only against the owner of the motorcycle bearing registration No. RJ 02 SA 7811 and its insurance company. Neither the driver nor the owner or the insurance company of the vehicle bearing registration No. RJ 29 2M 9223 were joined as opponents in the claim petition. Therefore, as such, no claim petition was filed against the driver, owner and the insurance company of the vehicle involved in the accident i.e. motorcycle bearing registration No. RJ 29 2M 9223. That an objection was raised by the respondent-insurance company-insurer of motorcycle bearing registration No. RJ 02 SA 7811 that as according to the claimants and even so stated in the FIR, the driver of the motorcycle bearing registration No. RJ 29 2M 9223 was rash and negligent and the claimants have not filed the claim petition against the owner of the said vehicle, the claim petition is required to be dismissed against the insurance company of the motorcycle bearing registration No. RJ 02 SA 7811. The learned Tribunal framed the following issues:

1. Whether accident was caused on 02.10.2006 by driver Chhotelal alias Shivram driving Motorcycle RJ 02 SA 7811 vehicle in question in rash and negligent manner?

2. Whether the driver was driving the said vehicle being in the employment of vehicle owner opposite party No. 1 Bhagwan Sahay in his interest or with his permission/knowledge?

3. Consequent to occurring death of Chhotelal alias Shivram (driver) in the alleged accident, how much valid amount and in what manner, the applicants are entitled to get and from which opposite parties?

4. Whether the objections raised in the preliminary/specific statements are significant, if yes then its effect?

5. Relief?

2.2 On appreciation of evidence, the learned Tribunal answered Issue Nos. 1 and 2 in favour of the claimants and held that the death of the deceased Chotelal alias Shivram had occurred from the motorcycle involved in the accident and the said motorcycle was insured with the respondent-insurance company, the insurance company is liable to pay the compensation under Section 163A of the Act. Consequently, by the Judgment and Award dated 24.02.2009, the learned Tribunal partly allowed the said claim petition and awarded a total sum of Rs.3,67,000/as compensation along with the interest @ 6% per annum from the date of filing of the claim petition till the date of the actual payment

2.3 Feeling aggrieved and dissatisfied with the Judgment and Award passed by the learned Tribunal holding the insurance company of the motorcycle bearing registration No. RJ 02 SA 7811 liable to pay the compensation, the respondent-insurance company-insurer of motorcycle bearing