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2015 Supreme(Guj) 1062
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.G. SHAH, J.
Heir of Decd. Devrajbhai Nathabhai Bhuva – Geetaben Devrajbha & Ors. - Petitioners
Versus
Driver-Aumprakash Ramsurat Chauhan-Truck No: MH-06-9013'S & Ors. - Respondents
Special Civil Application No. 11354 of 2012
Decided On : 23-12-2015
Advocate Appeared:
For the Petitioners: Mr. Tushar L. Sheth
For the Respondents: Mr. Palak H. Thakkar
Important Point
There is no limitation to file application for compensation under M.V. Act.
Headnote:(A) Motor Vehicles Act, 1988 – Section 166 – Claim application – There is no limitation to file application for compensation under M.V. Act based upon nature of accident, role of victim, or earning activities and actual income of victim – At the most all such criteria may be relevant only for considering quantum of compensation that may be awarded and not for confirming right to claim compensation if injury or death has resulted in respect of accident arising out of use of motor vehicle – What is material to entertain a claim petition under the Act by Tribunal is vehicular accident and injury or damage to someone.
(B) Motor Vehicles Act, 1988 – Sections 140 and 163-A – Claim application – There may be an award of additional compensation in addition to compensation paid either under Section 140 or under Section 163(A) with only restriction that in such situation, amount already awarded under either of such Sections, is to be reduced from total amount to be awarded under any other provision – Provision of Section 163(A) is not alternative or equal to Section 166 but it is alternative or equal to provisions of Section 140.
Result – Special Civil Application allowed.
1. Heard Mr. Tushar L. Sheth, learned advocate for the Petitioners and Mr. Palak H. Thakkar, learned advocate for the Respondent No.4 at length. Perused the record.
2. Both the parties have agreed to dispose of this petition at such admission stage, hence Rule. Mr. Palak H. Thakkar, learned advocate waives service for Respondent No.4. Respondent Nos.1 to 3 are deleted by the Petitioner since they are driver and owner of the vehicle in question, whereas, only a contesting party is Respondent No.4 – Insurance Company.
3. The Petitioners herein are original Claimants, whereas, Respondents are original defendants in Motor Accidents Claims Petition No. 69 of 2005 before the Motor Accidents Claims Tribunal (Aux.) at Gondal. The parties are referred in their original capacity in such petition.
4. Claimant have filed claim petition claiming compensation of Rs.10,00,000/- because of accidental death of one Devrajbhai Nathabhai Bhuva, since Claimants are widow and minor children of such victim. So far as nature of incident is concerned, it is stated in the claim petition that on the fateful date of incident i.e. 3.5.2004, when victim was going towards Virpur from Gondal for some social work because of marriage in the family, at about 11.00 p.m., the offending truck came in full speed on wrong side and hit the jeep of the Petitioner which resulted into grievous injuries to the victim for which he was ultimately succumbed to death. It is further contended in the claim petition that the victim was serving as a technician with Bhilvad Compressor Repairing and was getting Rs.2,500/- per month as a salary and he was also earing Rs.50,000/- per annum from agricultural activity. Thereby total yearly income of the victim was claimed as Rs.80,000/- and based upon such calculation, an amount of Rs.10,00,000/- is claimed.
5. The title of such claim petition discloses that such claim is preferred under Section 166 of the M.V. Act. Section 166 of the M.V. Act is a general provision of law with a heading “Application for Compensation” and provides that an application for compensation arising out of an accident of the nature specified in Sub Section (1) of Section 165 may be made by different persons which are listed in sub-clause (a) to (d). The entire reading of Section 166 which is reproduced hereunder, nowhere, specify any restriction in any manner except a proviso to sub section (2) which states that there shall be a separate statement immediately before the signature of the applicant, if claim for compensation under Section 140 is made in such application. Whereas, sub section (1) of Section 165 provides that the State Government may constitute one or more Motor Accidents Claims Tribunals for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.
6. For the purpose, explanation of sub section (1) of Section 165 is much material and, therefore, Sections 165 and 166 of M.V. Act are reproduced hereunder;-
“165. Claims Tribunals. –
(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claim Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.
Explanation. – For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140 98[and section 163A].
(2) A Claims Tri
