Andhra Pradesh High Court
Judges : B.S.A.SWAMY
New India Assurance Co., Ltd., Visakhapatnam - Appellant
Versus
Motor Alexy, Srikalulam town - Respondent
Decided On : 02-12-99
( 1 ) THE first respondent herein was on world tour along with his wife and eight year old daughter. On 14-10-1998 the third respondent, the driver of the lorry bearing No. WB41/8048 owned by the second respondent insured with the appellant company drove the vehicle in a rash and negligent manner and hit the vehicle of the respondent No. l causing extensive damage. The Magistrate in whose jurisdiction the accident took place simply let off the driver by imposing a fine of Rs. 300. 00. On a complaint made by the first respondent to the District Collector and the Superintendent of Police except giving shelter for a few days they did not move in the matter, with the result the couple was stranded on the open road under a tree for several days and the troubles the family has undergone is widely reported in the press by publishing the photographs of the couple. Even then, none of the authorities have come to the rescue of this couple. Ultimately they seemed to have filed OP No. 626 of 1998 on the file of the Motor Accidents Claims Tribunal, Srikakulam. But as the owner of the vehicle and the driver were evading notices, there was no progress in the case. In the meantime, one Vemulapalli Srikrishna filed Writ Petition No. 36025 of !998 on the file of this Court seeking suitable direction to the Tribunal as well as the Governmental Authorities to help the foreign national who has exhausted all the monies brought along with him. But, this Court by order dated 28-1-1999 directed the Motor Accidents Claims Tribunal to dispose of the OP No. 626 of 1998 within three months if necessary by issuing substituted summons to the respondents therein who are evading notices. It is also interesting to note that during the pendency of the OP No. 626 of 1998 the Motor Accidents Claims Tribunal tried to settle the matter through Lok Adalat. Both the Counsel gave different versions for not settling the disputes in Lok Adalat. Added to the misery of the respondent No. l, he being a Russian national he does not know any of the languages including English that arc spoken in this country and with the result he is not able to communicate even with local officials or in the Court properly. Ultimately on 1-2-1999 when the matter came up before the Tribunal, as the first respondent and his family members are practically starving for food the learned Judge directed the appellant to pay Rs. 75,000. 00 as an interim measure and this order seemed to have been passed under Section 140 of the A. P. Motor Vehicles Act, 1988 which deals with payment of compensation on the basis of no-fault-liability in the case of death or disablement in accordance with the provisions of the Section. The Manager of the Company the appellant herein while assuring the Court that they will deposit the amount got this appeal filed and obtained an ex parts stay order under which the appellant company was directed to pay another amount of Rs. 25,000. 00 within four weeks.
( 2 ) MR. Mahikarjuna Sharma learned Counsel appearing for the first respondent contended that in the peculiar facts and circumstances of this case where a foreign national was involved and at the time when the Insurance Company or the District Officials are not coming to his rescue the Court is justified in passing interim relief and as the Court can pass an award either under Section 140 or Section 166 of the A. P. Motor Vehicles Act the Court has chosen to pass an order under Section 140 of the Act as notices on the respondents were not served. It is also his case that while passing a Legislation the Parliament cannot visualise various situations that will be cropped up in the implementation of the provisions of the Act. It is not uncommon that the Act undergoes amendment from time to time to meet the exigencies. In fact, the very procedure for awarding compensation underwent several changes in the last five decades. As no foreign national was ever involved in a case of this type, the Legislature migh
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