Shri Hans Raj vs Shri Charanjit Jawa and Others

Anil Dev Singh, J.—The Motor Accident Claims Tribunal by its order dated August 4, 1994 awarded a sum of Rs. 8,000/- as interim compensation to the petitioner for permanent disability sustained by him as a result of the accident. The Tribunal while granting interim award has observed as follows:

....Permanent disability certificate has been placed on file. He himself has also appeared as PW 1 and deposed regarding injuries sustained by him. Documents have also been duly inspected. In such circumstances grounds are made out for the grant of interim award. Keeping in view the nature of injuries, extent of permanent disability, certificate of which has been placed on file and part of the evidence has also been completed. Without prejudice to the claim of the petitioner and on the merits of the case I allow the claimant the interim award of Rs. 8,000/- against the respondents who are directed to deposit the same within 30 days from today, failing which interest shall be chargeable @ 12% per annum from the date of the petition....

My attention has been drawn to Section 140 of the Motor Vehicles Act, 1988 by the learned Counsel for the petitioner. According to it the amount of compensation payable on the principle of no fault liability in respect of the death of any person shall be a fixed sum of Rs. 25,000/- and in respect of permanent disability shall be a fixed sum of Rs. 12,000/ -. At this stage it will be convenient to set out Section 140 of the Act, which reads as follows:

Liability to pay compensation in certain cases on the principle of no fault.--(1) Where 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 owners 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 the death of any person shall be a fixed sum of twenty-five 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 twelve thousand 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 reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.

From a perusal of the aforesaid section it is manifest that the Tribunal while granting the interim award has no jurisdiction to reduce the amount fixed by the Legislature. In this view of the matter, I hold that the petitioner is entitled to interim compensation in the sum of Rs. 12,000/-. Accordingly the interim award of the Tribunal dated August 4,1994 is modified to the extent that the petitioner will be paid a sum of Rs. 12,000/- instead of Rs. 8,000/- as interim compensation.

Learned Counsel for the petitioner points out that pursuant to the order of the Tribunal a sum of Rs. 8,000/- has already been paid to his client. Accordingly it is directed that a further sum of Rs. 4,000/- shall be paid to the petitioner by the second respondent within four weeks.

With this direction the petition is disposed of.