Claimants are entitled to compensation under Section 164 of the Motor Vehicles Act, 1988, irrespective of negligence, with a fixed amount of Rs.5,00,000/- for death in a road accident.

JUDGMENT :

(Vikas Bahl, J.)

The widow and children of the deceased Yog Raj have filed the present appeal seeking modification of the award dated 09.10.1990 passed by the Motor Accident Claims Tribunal, Hoshiarpur, vide which the claim petition filed by the claimants was dismissed.

2. Learned counsel for the appellants has submitted that in the present case, the fact that Yog Raj son of Mirza Ram died in the road accident which took place on 04.12.1989 between Ambassador Car bearing No.PCW-79, which was being driven by the deceased and a Bus bearing No.PJG-1917 which was coming from the side of Mahilpur, is not disputed. It is further submitted that the fact that the above-said bus was owned by respondents No.2 and 3, is also not disputed. It is stated that although, it is the case of the claimants that it was the driver of the bus, who was negligent and on account of the same the accident had taken place and even an FIR under Sections 304-A, 279 and 427 IPC had been registered against the driver of the bus at Police Station Sadar, Hoshiarpur, but the Motor Accident Claims Tribunal had come to the conclusion that the bus driver was not negligent and accordingly, had dismissed the claim petition filed by the claimants. It is further stated that even in case the said finding is taken on its face value, then also as per the provisions of Section 164 of the Motor Vehicles Act, 1988, the claimants are entitled to an amount of Rs.5,00,000/-. It is submitted that the Hon’ble Supreme Court in the case of “Ram Murti and others Vs. Punjab State Electricity Board, reported as 2023 ACJ 631, in similar facts and circumstances, was pleased to grant compensation of an amount of Rs.5,00,000/- in a case where the negligence of the driver of the offending vehicle was not proved. In the said case also, although the accident had taken place on 23.05.1991 and the award in the said case was passed on 12.04.1994, yet the Hon’ble Supreme Court had given the benefit of the beneficial provisions of Section 164 of the Motor Vehicles Act, 1988, which provision had been incorporated by the Act 32 of 2019. It is further submitted that in view of the same, the said amount be paid along with interest to the claimants from the date of the application till the date of the actual payment. It is also submitted that the present case be treated as a case under Section 164 of the Motor Vehicles Act, 1988 as amended.

3. Learned State counsel, on the other hand, has submitted that in the present case, on the date of the accident i.e. 04.12.1989, the provisions under Section 140 of the Motor Vehicles Act, 1988, which was in force, only provided for a compensation of Rs.25,000/- on account of no fault liability and thus, at best, the claimants would be entitled to Rs.25,000/- on account of no fault liability.

4. This Court has heard learned counsel for the parties and has gone through the paper-book.

5. The fact that deceased Yog Raj died in an accident dated 04.12.1989, in which Bus No.PJG-1917 was involved, is not in dispute. It is also not in dispute that the said bus is owned by respondents No.2 and 3, which is represented by the State.

6. Section 140 of the Motor Vehicles Act, 1988, which was in force on the date of the accident i.e. 04.12.1989 provided that the compensation to the extent of Rs.25,000/- would be payable in the case of death of a person and in such a situation, the claimant was not required to plead and establish that the death or permanent disablement in respect of which the claim had been made was due to any wrongful act, negligence or default of the owner of the offending vehicle or vehicles concerned or any other person. The said Section 140 of the Motor Vehicles Act, 1988 was amended in the year 1994 and the amount payable in the case of death was enhanced to Rs.50,000/-. The relevant portion of amended Section 140 of the Motor Vehicles Act, 1988 is reproduced as under: -

“140. Liability to pay compensation in certain cases on the principle of