Compensation under the Motor Vehicles Act requires death to be due to an accident, not solely a natural cause; claims dismissed.

1. The appellants - claimants are dependants of the deceased Venkateswara Rao who was driver of lorry bearing No. AP 16 - X 6788 belonging to the respondent No. 1 and insured with the respondent No. 2 insurance company. The deceased died on 15.10.2005 at about 5 a.m. near Pudur Railway Gate, Vaniyambadi of Vellore of Tamil Nadu State. As the railway gate was closed, the deceased stopped his lorry and thereafter suffered sudden chest pain and collapsed. Deceased died of sudden heart attack. Post - mortem certificate of the deceased, Exh. A3, disclosed that he died of myocardial infarction (heart attack). In those circumstances, the claimants approached the Motor Accidents Claims Tribunal - cum - First Additional District Judge, Krishna at Machilipatnam and filed M.V.O.P. No. 8 of 2006 claiming compensation of Rs. 6,00,000 for death of the deceased under S.163 - A of the Motor Vehicles Act (in short, 'the Act'). The Tribunal negatived the appellants' claim for compensation on the ground that they failed to show that death of the deceased resulted from an accident arising out of use of a motor vehicle.

2. The above facts in this case are not in dispute. There is also no dispute that insurance policy, Exh. A5, issued by the respondent No. 2 for the lorry covered risk relating to the driver. It is contended by the appellants' counsel that in a claim under S.163 - A of the Act, proof of negligence resulting in the accident causing death of the deceased is not necessary as distinguished from a claim under S.166 of the Act. It is further contended that as the deceased died during the course of his employment as driver of the insured lorry, the insurer as well as the insured are liable to pay compensation for death of the deceased. It is also contended that under S.167 of the Act, the claimants are entitled to choose either of the fora under the Motor Vehicles Act and the Workmen's Compensation Act to claim compensation for death of the deceased.

3. For exercising option under S.167 of the Act, the claimants have to show that they have got cause of action to claim compensation under the Motor Vehicles Act as well as under the Workmen's Compensation Act, 1923. S.167 of the Act reads as follows:

“167. Option regarding claims for compensation in certain cases. - Not - withstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.”

Basically the claimants have to plead and prove that their claim for compensation falls under the Motor Vehicles Act also. Without the petitioners' claim falling under any of the provisions of the Motor Vehicles Act, the claimants have no option but to elect or select one of the two fora under the Motor Vehicles Act and the Workmen's Compensation Act to initiate proceedings for compensation for the death of the deceased.

4. As pointed out earlier, the appellants - claimants have chosen to make a claim herein under S.163 - A of the Act. S.163 - A of the Act is a special provision for payment of compensation on structured formula basis.
S.163 - A of the Act reads as follows:

“163 - A. Special provisions as to payment of compensation on structured formula basis. - (1) Notwithstanding anything contained in this A