National Insurance Company Ltd. vs Legal Heirs of Decd. Chhelshankar Popatbhai Joshi

Mr. R.P. Dholaria, J. (Oral) - This appeal is preferred by the appellant Insurance Company against the interim award dated 02/07/2016 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in MACP No.330 of 2015, granting interim compensation of Rs.50,000/- under Section 140 of the Motor Vehicles Act, 1988 (for short ''the MV Act'').

Heard Mr.Palak Thakkar, learned advocate for the appellant Insurance Company and perused the impugned judgment and awards.

Mr. Palak Thakkar, learned advocate for the appellant has vehemently contended that the motorcycle dashed with the electric pole lying on the road and due to which, the deceased sustained serious injuries and succumbed to his injuries. He has further contended that the Electric Company could have been held responsible for negligence. He has further contended that the aforesaid contentions were raised by the Insurance Company before the learned Tribunal but the same has not been considered by the learned Tribunal while considering the application under Section 140 of the MV Act. He has, therefore, contended that the learned Tribunal could not have passed the impugned award fastening the liability upon the Insurance Company. Therefore, present appeal is filed.

Since this appeal is filed against the interim award under Section 140 of the MV Act, the matter is taken up for final hearing at the admission stage.

Taking into consideration the above contention raised by Mr. Palak Thakkar, learned advocate as well as the findings recorded by the learned Tribunal, the crux of his argument involves around the fixation of negligence on the part of the Electric Company i.e. Paschim Gujarat Vij Company Limited as the company failed to remove the electric pole lying on the road and due to which accident occurred. However, the aforesaid application is filed under Section 140 of the MV Act, wherein more particularly Section 140(3) provides as under:

"140. Liability to pay compensation in certain cases on the principle of no fault liability

(1) XXX

(2) XXX

(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 nay other person."

In view of the aforesaid position of law, the learned Tribunal while considering the aforesaid application was not obliged to consider the aforesaid contentions raised by the appellant Insurance Company. In the result the award passed by the learned Tribunal is based upon the provisions of law, which calls for no interference by this Court. This appeal being meritless and deserved to be dismissed as such.

However, it is made clear that this Court has not examined merits of the contentions raised by the learned advocate for the appellant Insurance Company. Therefore, the Insurance company shall be at liberty to agitate the aforesaid contentions in the main claim petition and the Tribunal shall decide the same without being influenced by any observation of this Court and without being treating the aforesaid issue as to be a constructive res judicata.

In view of the aforesaid circumstances, the present appeal stands disposed of.