The main legal point established in the judgment is the interpretation of Section 163-A of the Motor Vehicles Act, emphasizing the provision for compensation without establishing fault liability and the intention of the amendments to provide immediate relief to accident victims.

Arun Kumar Goel, J.—Kokla Devi appellant preferred petition under Section 163-A of the Motor Vehicles Act, 1988, (hereinafter referred to as the Act), for grant of compensation. This was claimed on account of death of her son Mohinder Singh Chauhan. This petition has been dismissed by the learned Tribunal below, hence this appeal by her.

2. Facts on which parties were not at variance at the time of hearing of this appeal need to be briefly noted.

3. Gypsy bearing registration No. HP-09-0929 was owned by Chet Ram respondent No. 1. It met with an accident on 20.5.1997 when deceased was going to his native place from the pla^e of his work. It was deceased who was driving it. At about 8.00 p.m. at Kainchi more near Koku Nala because of some mechanical defect it rolled down the road. This resulted in the death of Mohinder Singh Chauhan. In this background a claim petition was filed by the appellant on the plea that she, her daughter and a son were dependant on the deceased for their livelihood. Her further case was that the deceased was earning Rs. 12,000 per month by working in partnership as a contractor with the brother of Chet Ram-respondent No. 1.

4. Respondent No. 1, owner of the vehicle, while admitting the factum of accident, pleaded that accident was the outcome of vehicle being driven in a rash and negligent manner by the deceased. His income being Rs. 12,000 per month was also denied. Plea of the petitioner as well as younger brother and sister of deceased being dependant on him was also repudiated.

5. Insurer-respondent No. 2 pleaded that the petition was not maintainable as it lacked material particulars. Respondent No. 1, owner, did not give any intimation about the accident to the insurer, as such it stands absolved. Vehicle was alleged to be driven in violation of the terms and conditions of the policy and deceased did not have a valid and effective driving licence nor there were valid documents in respect of the vehicle, as such it prayed for being absolved of its liability for payment of any compensation.

6. On the basis of aforesaid pleadings of the parties, Tribunal framed the following issues:—

1. Whether Mohinder Singh son of the petitioner died as a result of the accident and as such the petitioner is entitled to compensation, if so how much and from whom? OPP

2. Whether the vehicle was being driven in violation of the terms and conditions of the insurance policy at the time of occurrence of the accident? OPR-2

3. Whether the person who was driving the vehicle at the time of accident did not possess a valid and effective driving licence? OPR-2

4. Relief.

7. After conclusion of the trial death of Mohinder Singh was found under issue No. 1 to have taken place, but appellant was held not entitled for payment of any compensation because the accident was on account of use of vehicle by the deceased himself. Issues No. 2 and 3 were decided against Insurance Company. In view of the findings on issue No. 1, claim petition was dismissed. Hence this appeal at the instance of the claimant.

8. Motor Vehicles Act, 1988 came into force w.e.f 1.7.1989 prior to it Motor Vehicles Act of 1939 was in force. Looking to the increase in the number of motor vehicular accidents, and with a view to provide some immediate relief to the claimants/victims, in the year 1982 provisions were made for payment under no fault liability as well as on the doctrine of hit and run where the motor vehicle causing accident was not traceable and/or its whereabouts were not known.

9. Under no fault liability, certain amounts were made payable immediately without proof of negligence in case of death or permanent disability, as the case may be. Keeping in view the observations made from time to time by the High Courts as well as Supreme Court of India, while enacting the Act in the year 1988 an attempt was made to broad base the provisions relating to payment of compensation in the Act. Amongst other things in the Act after its amendment in the year 1994