The Insurance Company is jointly and severally liable with the owner of the vehicle to discharge the liability under the Award made under Sec. 92-A of the Motor Vehicles Act, 1939, even if the deceased was unauthorizedly traveling in the truck.

( 1 ) THIS revision arises out of the order dated 29-4-1987, passed by the Motor Accident Claims Tribunal, Raipur, in Claims Case No. 92 of 1986. By that order, the Claims Tribunal awarded a sum of Rs. 15,000/- under Sec. 92-A of the Motor Vehicles Act, 1939, in favour of the claimants (non-applicants Nos. 1 to 6 ). However, on observation that the deceased was unauthorisedly travelling in the truck, the Insurance Company has been exonerated from discharging this liability.

( 2 ) THE contention of the truck-owner, who has preferred this revision is that the Insurance Company should also have been jointly made liable under Section 92-A.

( 3 ) HAVING heard counsel for the parties, I am of the opinion that the contention is well-founded and the revision must be allowed. Section 92-A of the Motor Vehicles Act is as follows: - "92-A. Liability to pay compensation in certain cases on the principle of no fault.- (1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owner of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under sub-section (1) in respect of death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of seven thousand five hundred rupees. (3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the 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 refused on the basis of the share of such person in the responsibility for such death or permanent disablement. "

( 4 ) SECTION 92-A which falls in Chapter VII-A of the Act, was inserted by Act No. 47 of 82 with effect from 1-10-82. This piece of beneficial and ameliorative legislation provides for immediate help to the victims of a motor accident. The provisions are attracted no sooner it is either admitted or proved that the owner's vehicle was involved in the accident. This right of compensation under Sec. 92-A in respect of death or permanent disablement is in addition to any right to claim compensation in respect thereof under any provision of the Act or of any other law for the time being in force (see Sec. 92-B ). A reading of Ss. 92-A and 92-B together indicates that after determination of no fault liability under S. 92-A, the Tribunal has to proceed to consider the fault liability and make an award under S. 110-B determining the amount of compensation. It is at that stage that the Claims Tribunal "shall specify the amount which shall be paid by the Insurer or the owner of the driver of the vehicle involved in the accident or by all or any of them as the case may be". Section 110-B clearly lays down that where an application for compensation under S. 110-A also makes a claim for compensation under S. 92-A, such claim and any other claim whether made in such application or otherwise for compensation, in respect of such death or permanent disablement, shall be disposed of in accordance with the provisions of Chapter VII-A. No separate procedure is prescribed for disposal of application under S. 92-A. All that is said in sub-section (2) of S. 92-B is that such applicatio