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1988 Supreme(J&K) 187

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
R.P. Sethi, J.
Janak Raj - Appellant
Versus
Union Of India & Ors. - Respondent
CIMA No. 138/1988
Decided On : 02 December, 1988

Advocates Appeared:
Advocate For Appellant: S.C. Gupta

An order passed under Section 92-A of the Motor Vehicle Act is not appealable.

Headnote:

MOTOR VEHICLE ACT - SECTION 92-A - INTERIM RELIEF - APPEALABILITY - ORDER PASSED UNDER SECTION 92-A OF THE ACT IS NOT APPEALABLE.

Fact of the Case:

The appellant challenged the order of the Motor Claims Tribunal directing the payment of compensation to the claimants of a deceased person who died in a motor accident under Section 92-A of the Motor Vehicle Act.

Finding of the Court:

The court held that an order passed under Section 92-A of the Motor Vehicle Act is not appealable.

Issues: Whether an order passed under Section 92-A of the Motor Vehicle Act is appealable.

Ratio Decidendi: The court relied on the following provisions of the Motor Vehicle Act: - Section 92-A: Provides for the payment of compensation in case of death or permanent disablement resulting from a motor accident. - Section 92-B: Provides that the right to claim compensation under Section 92-A is in addition to any other right to claim compensation under the Act or any other law. - Section 93-E: Provides that the provisions of Chapter VIIA have an overriding effect notwithstanding anything in any other provisions of the Act or any other law. - Section 100-D: Provides for the right of appeal to an aggrieved person against an award of a claims Tribunal. The court also referred to several judgments of the Jammu and Kashmir High Court holding that an order passed under Section 92-A of the Act is not appealable.

Final Decision: The court dismissed the appeal in limini.

1. In exercise of his powers under Section 92-A of the Motor Vehicle Act, hereinafter referred to as "the Act," the Motor Claims Tribunal Jammu vide the order impugned in this appeal directed the payment of Rs. 15,000.- to the claimants of Nazir Ahmad deceased who died in a motor accident to be paid by the appellant. It Is submitted that the order passed by the Tribunal was against law and facts which required to be set aside, it is alleged that the Tribunal his passed the order in haste without taking into consideration the relevant, record. The impugned order has bean passed against the settled provisions of law in as much as the appellant was not afforded a reasonable opportunity to plead his case and that the order has been passed in a mechanical manner without holding a summary inquiry.

2. I have heard the learned counsel for the appellant and have perused the record.

3. Section 92-A of the Act provides that where the death or permanent disablement of any person has resulted from on accident, the owner of the vehicle shall be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section, which shall be payable in respect of the death of any person amounting to Rs. 15.000/- and in case of permanent disablement a fixed sum of Rs. 7500/- According, to sub-Sec (3) of Section 92-A of the Act in such case the claimant :is not required to plead and establish that the death or disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or the owners of the vehicle and such claim for compensation shall not be defeated by reason of any wrongful act, neglect or default of person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of share of such parson in the responsibility for such death or payment disablement. Under Section 92 B of the Act, the right to claim such compensation is in addition to any other right to claim compensation in any respect thereof under provisions of the Act or of any other law for the time being in force, Such claim has to be disposed of as expeditiously as possible. Under section 93,E of the Act the provisions of Chapter VIIA have the overricing effect notwithstanding anything in any other provisions of the Act or for any other law for the time being in force Sections 92-B, 92-C 92-D and 92-E were introduced in the Act by way of an amendment vide Act No, 47 of 1982 which cams into force on 1-10 19 2 For the first time the legislature thought it proper to make provision for directing the award of compensation of Rs. 15000/- to the claimants of the deceased of an accident and a sum of Rs, 7500/ to a victim of an accident suffering permanent disablement by way of no fault liability during the pendency of the main claim petition. The right to claim compensation under Section 92-A is in addition to the other rights on the principle of fault to claim compensation in respect thereof under the provisions of the Act or of any other law for the time being in force. The provisions of this section have to be construed in such a manner as to ensure the object of the enactment meant for providing immediate assistance to the victims of the motor accident or their legal heirs. The right of appeal to an aggrieved person has been provided under Section 100-D of the Act which reads as under:

" (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court,

Provided that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring, the appeal in time,

(2) No appeal shall lie against any award of a claims Tribunal, if the amount in






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