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1999 Supreme(Cal) 268
High Court Of Calcutta
Bhaskar Bhattacharya
SANDHYA MONDAL - Appellant
Versus
ALOKE CHANDRA PODDAR - Respondent
C. O. 2094 Of 1993
Decided On : 05/12/1999
DULAL CHANDRA ROY
An order of compensation under Section 140 of the Motor Vehicles Act, 1988, is an "award" within the meaning of Chapter XII and is appealable under Section 173.
Headnote:
{'KEYWORD': 'Motor Vehicles Act, 1988', 'SUBJECT': 'Compensation for Motor Vehicle Accidents', 'ACT SECTION LIST': ['Section 140', 'Section 168', 'Section 173'], 'SUMMARY': 'An order of compensation under Section 140 of the Motor Vehicles Act is an "award" within the meaning of Chapter XII and is appealable under Section 173. The right to compensation under Section 140 is enforced through the procedure prescribed in Chapter XII, including filing an application under Section 166. The proviso to Section 168 clarifies that in "no-fault" cases, the fixed sum mentioned in Section 140(2) is awarded without requiring proof of wrongful act, neglect, or default.'}
Fact of the Case:
The petitioners, claimants of compensation under the Motor Vehicles Act, 1988, filed a revisional application against an order of the Motor Accidents Claims Tribunal awarding compensation under Section 140 of the Act. The petitioners argued that the order was not an "award" within the meaning of the Act and thus not appealable.
Finding of the Court:
The court held that an order of compensation under Section 140 of the Act is an "award" within the meaning of Chapter XII and is appealable under Section 173. The court reasoned that the right to compensation under Section 140 is enforced through the procedure prescribed in Chapter XII, including filing an application under Section 166. The proviso to Section 168 clarifies that in "no-fault" cases, the fixed sum mentioned in Section 140(2) is awarded without requiring proof of wrongful act, neglect, or default.
Issues: Whether an order of compensation under Section 140 of the Motor Vehicles Act, 1988, is an "award" within the meaning of Chapter XII and is appealable under Section 173.
Ratio Decidendi: The court interpreted the scheme of the Motor Vehicles Act, 1988, and concluded that Chapter X, which includes Section 140, provides substantive rights to compensation, while Chapter XII prescribes the procedure for enforcing those rights. The court held that even in "no-fault" cases under Section 140, the claim must be enforced through the procedure in Chapter XII, including filing an application under Section 166. The court also clarified that the proviso to Section 168 merely reminds the Tribunal that in "no-fault" cases, it awards the fixed sum without requiring proof of wrongful act, neglect, or default.
Final Decision: The court dismissed the revisional application, holding that the order impugned was an award under Chapter XII of the Act and that the petitioners had an alternative remedy by way of appeal under Section 173. The court also noted that the application was filed beyond the limitation period for an appeal.
( 1 ) -THIS revisional application under Article 227 of the Constitution of India is at the instance of claimants of compensation under the provisions of the Motor Vehicles Act, 1988 ("act") and is directed against Order dated March 16, 1993 passed by the Motor Accidents Claims Tribunal, 6th court, Alipore in M. A. C. C. No. 165 of 1991 thereby awarding compensation of Rs. 25,000/- in favour of the petitioners against the owner of vehicle in terms of section 140 of the Act and dismissing the proceeding against insurance company.
( 2 ) IN my view, an order of compensation in terms of section 140 of the Act is an "award" within the meaning of section 173 thereof and as such this revisional application should be succeed in view of existence of an efficacious alternative remedy.
( 3 ) MR. Roy, the learned advocate appearing on behalf of the petitioners has vehemently contended that an order passed in terms of section 140 of the Act is not an "award" within the meaning of Chapter XII of the Act and as such the same is not appealable. In support of such contention Mr. Roy has relied upon the following decisions :- (a)gaya Prasad and Ors. v. Suresh Kumar and Ors. reported in 1992 (2) AJR 588 (M. P.), (b)state of Assam v. Pranesh Debnath and Others reported in 1994 (2) AJR 171 (Gau), (c)amita Baghi v. Tejwinder Singh and Another reported in 1996 (1) AJR 161 (P. H. ).
( 4 ) AS regards the case of Gaya Prasad and Ors. (supra), although the same is a decision of a Full Bench consisting of three Judged of the Madhya Pradesh High Court, a subsequent Full Bench of five Judges of the same court in the case of Oriental Insurance Company Ltd. v. Chitaman and Others reported in AIR 1995 M. P. 229 has expressly overruled the said decision and has taken a contrary view. Therefore the said decision in the case of Gayaram and Ors. (supra) is of no help to Mr. Roy's client.
( 5 ) IN the case of State of Assam v. Pranesh Debnath and Ors, a learned Judge of the Gauhati High Court has taken the view that the intention of the legislature is to confer right of appeal against an adjudication under Chapter XII of the Act; but section 140 being placed in Chapter X thereof and the nature of the proceeding being summary in nature, it was never the intention of the Act to confer right of appeal against an order under section 140 of the Act.
( 6 ) THE Punjab and Haryana High Court has in the case of Amita Baghi and Another (supra) taken the view of the Gauhati High Court as above and has concluded that an order under section 140 of the Act is neither an "award" nor an "interim Award" and thus is not appealable under section 173.
( 7 ) IN order to appreciate the question involved herein, it will be appropriate to refer to the scheme of the Act.
( 8 ) CHAPTER X of the Act consists of five sections viz. sections 140 to 144.
( 9 ) SECTION 140 provides for liability to pay compensation in certain cases on the principle of no fault and limits the amount of compensation in such cases as specified therein. Section 141, on the other hand, makes a provision to claim compensation for death or permanent disablement besides the claim for compensation for no fault liability. Section 142 seeks to classify injuries which are considered as permanent disablement for the purpose of the Act. Section 143 lays down that the provisions of this chapter shall also apply in relation to any claim under Workmen's Compensation Act. Finally, section 144 declares overriding effect of chapter X over any other provisions of the Act or any other law for the time being in force.
( 10 ) CHAPTER XII on the other hand consists of twelve sections viz. sections 165 to 176.
( 11 ) SECTION 165 empowers the State Government to constitute claim Tribunals to adjudicate upon the claims for compensation arising out of motor vehicle accidents, resulting in death or bodily injury to persons or damages to any property of third parties.
( 12 ) SECTION 166 provides for the form of
