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Honble Court Order Dated 08/12/2023 And12/01/2024

For Appellant : Shri Ghanshyam Patel along with Shri Shivansh Gopal, Advocates.

For Respondents : None, though served.

Judgment on Board

1. This Appeal under Section 173 of the Motor Vehicles Act has been filed by the appellant-Insurance Company against the impugned award dated 14.12.2017 passed by the Second Additional Motor Accident Claims Tribunal, Surajpur, Place Surajpur, C.G. in Motor Accident Claim Case No.57/16, whereby the Tribunal partly allowed the claim petition filed by the claimants/respondents and awarded compensation in their favour to the tune of Rs.6,63,800/-. The said compensation was directed to carry interest @ 9 % per annum from the date of institution of claim petition i.e.04.04.2016 till its realization.

2. Facts briefly stated are that an application under Section 163-A of the Motor Vehicles Act, 1988 (in short 'the Act') was filed by respondents No. 1 to 5/ claimants, they are respectively wife, children seeking compensation for death of Rajendra Prasad Yadav in the motor accident. It was the case of the claimants that on 24.06.2015 deceased was coming to his home from Ambikapur alongwith his daughter Ku. Shiksha Yadav in his Maruti Swift Desire CG 15 CW 1323, when they reached near Sonwahi forest, he lost control over the vehicle due to Mechanical failure and met with an accident. As a result of which, driver/owner sustained injury and died on the spot. As per the claimants, deceased was contractor and earning Rs. 40,000/- Ρ.Α, therefore, compensation of Rs. 11,05,000/- was sought on various heads. That the present appellant, filed its reply controverting the averments made in the claim application. It was specifically pleaded by the appellant that Car bearing registration no. CG 15 CW 1323 was registered and insured in the name of the deceased and at the time of accident deceased was on the wheel of the vehicle therefore he is not a third party and claim application Under Section 163-A filed by the legal representative of deceased/owner of the vehicle is not maintainable. It was further pleaded that at the time of accident deceased himself was driving the and he himself was negligent for the accident therefore claim application is not maintainable. It was further pleaded that income of the deceased is more than Rs. 40,000/- P. A., therefore, claim application is not maintainable before the claims tribunal. To prove its contention appellant has examined its officer and proved the Insurance Policy as Exhibit- NA/ 1, FIR as Exhibit- NA 2, Final Report as Exhibit- NA/3. Registration certificate as Exhibit- NA /4 and payment details made by the appellant to respondent no. 1 as a legal representative of deceased payable under Personal Accident as Exhibit- NA 5. Neeraj Gaur (NAW-1) deposed that Vehicle no. CG 15 CW 1323 was registered and insured in the name of the deceased from 18.03.2015 to 17.03.2016 and Rs. 100/- has been paid for covering Personal Accident of owner to sum of Rs. 2,00,000/- which has been paid to the wife of the deceased on 22.01.2016. That deceased does not come under the preview of third party because he is owner of the offending vehicle therefore claim application under Section 163-A is not maintainable. That the learned tribunal without considering the facts and legal preposition that owner of the vehicle does not come under the preview of third party and as per Chapter XI of the Motor Vehicle Act only third party or death of third party can file claim application before the claims tribunal under the Motor Vehicle Act. Learned tribunal has further failed to appreciate that the liability under Section 163-A of the Act is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient. The heirs of owner of the vehicle could not have maintained a claim in terms of Section 163-A of the Act. For the said purpo