Negligence cannot be assessed in claims under Section 163A of the Motor Vehicles Act.

JUDGMENT

This appeal has been filed by the claimants in OP(MV) No.1455 of 2011 on the files of the Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimants was that on 18.08.2010, while the deceased was pillion riding on a motorcycle, a lorry bearing reg. No. TN 59/M/6511, driven by the first respondent in a rash and negligent manner, which was proceeding ahead of the motorcycle, was stopped all of a sudden resulting in the motorcycle hitting behind the lorry, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal under Section 163A of the Motor Vehicles Act , 1988 (for short, “the Act”), claiming a total compensation of ₹8,00,000/-.

3. The first respondent, who was the owner-cum-rider of the offending vehicle, remained ex parte before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Exts.A1 to A11 were marked. The tribunal, after analysing the pleadings and materials on record, though assessed a total sum of ₹2,17,870/- as compensation under different heads, finding that the accident took place on account of the negligence of the driver of the offending vehicle as well as the rider of the motorcycle in the ratio of 50:50, awarded to the claimant only an amount of ₹1,10,186/- with interest @ 9% per annum from the date of petition till realization, against the second respondent being the insurer. Aggrieved by the finding of the tribunal attributing contributory negligence in a claim petition filed under Section 163A of the Act and the consequent refusal to award the entire compensation assessed, the claimants have come up in appeal.

4. I have heard the learned counsel for the appellants and the learned Standing Counsel for the respondent insurer.

5. The learned counsel for the appellants submits that the tribunal erred in entering a finding of negligence in a claim petition filed under Section 163A of the Act.

6. On a perusal of the impugned award, it is seen that the tribunal found 50% negligence on the part of the motorcyclist in causing the accident. It is a settled position that when a claim petition is filed under Section 163A of the Act, the tribunal, for awarding compensation, need not look into the aspect of negligence as held by the Larger Bench of this Court in Suresh v. Vasantha Shetty [ 2025 (5) KHC 520 ].

Therefore, I hold that the tribunal erred in entering a finding of negligence and that the appellants are entitled to get the entire compensation assessed by the tribunal.

Accordingly, the appeal is allowed, as follows:

a) The finding of the tribunal as regards contributory negligence is hereby set aside.

b) The appellants are awarded the entire compensation assessed by the tribunal, i.e., ₹2,17,870/- (Rupees two lakh seventeen thousand eight hundred and seventy only), with interest @ 9% per annum from the date of the petition till realization and proportionate costs.

c) The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment.

d) The appellants shall furnish copies of the PAN Card, AADHAAR Card and bank details before the respondent insurer within a period of one month so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the tribunal. Upon such de