IMPORTANT POINT
No-fault liability – While entertaining claim petition u/s 163A of Act, question of negligence cannot be looked into.

JUDGMENT :

Aravind Kumar, J.

1. Leave granted.

2. By these appeals to special leave, the Insurance Companies have laid challenge to the order dated 12.02.2020 passed in Usha Devi & Ors. v. Chatar Pal Singh Yadav & Ors. passed by the High Court of Punjab & Haryana, whereunder the award of the tribunal which had dismissed the application for grant of compensation came to be set aside and awarded a lumpsum compensation of Rs.15 lakhs with interest @ 9% p.a. Hence, these appeals by the insurers of both the vehicles involved in the accident, on whom joint several liability is fastened.

3. Facts essential for the adjudication of the present matter are briefly narrated. On the unfortunate night of 15.11.2006, Mr. Surender Singh was driving a truck bearing No. HR-38L/6727, and his vehicle was hit by the dumper bearing registration No. HR-38H-9100 in the area of Pali Crusher Zone, and due to the impact he sustained serious injuries, and was rushed to GTB Hospital, Delhi, where he expired away on 22.11.2006 while being treated. FIR No. 411 dated 15.11.2006 came to be registered u/s 279/337/ 304-A IPC, 1860 at Police Station Ballabgarh against the driver of the dumper. A claim petition under Section 163A of the MOTOR VEHICLES ACT , 1988 came to be filed by the dependents of deceased seeking compensation of Rs.15,00,000/- alleging Mr. Islam, driver of the offending vehicle namely crusher bearing registration No. HR-38H-9100 was driving the vehicle in a rash and negligent manner and had caused the accident. It was also contended that at the time of the accident, deceased Surender Singh was working as a truck driver and drawing monthly salary of Rs. 3,000/- and was aged 35 years. It was also contended that he was survived by six dependents, i.e., his wife Smt. Usha Devi, four children and his aged mother.

4. The Motor Accidents Claims Tribunal, Faridabad (hereinafter referred to as ‘Tribunal’) by its judgment and award dated 15.10.2011 dismissed the claim petition on the ground that it was not maintainable as claimants had failed to prove that the accident was caused on account of rash and negligent act attributable to Mr. Islam i.e., the driver of the crusher i.e., offending vehicle and hence did not proceed to compute compensation.

5. Aggrieved by the said judgment and award dated 15.10.2011, the claimants filed an appeal u/s 173 of the Act before the Punjab & Haryana High Court. The High Court vide impugned judgment dated 12.02.2020 allowed the appeal in part and awarded a lump sum compensation of Rs. 15,00,000/- with interest @ 9% p.a. to the claimants and directed that compensation amount should be paid jointly by all the respondents therein and directed both the insurance companies to indemnify the award initially and reserved their rights to recover it from the owners of the respective vehicles if permissible under the respective policies.

6. It is against this judgment of the High Court dated 12.02.2020 these two appeals have been filed by both the Insurance Companies namely SLP (C) No. 15191/2020 has been filed by The New India Assurance Co. Ltd. (the Insurer of the Vehicle- truck bearing registration No. HR-38L/6727 driven by the deceased Mr. Surender Singh) and SLP (C) No. 9460/2022 has been filed by the National Insurance Co. Ltd. Company (the Insurer of the Offending Vehicle dumper/crusher truck bearing registration No. HR-38H-9100 driven by Mr. Islam).

7. Mr. Ranjan Kumar Pandey, the