Madhya Pradesh High Court
Guddibai And Ors. vs Mishrilal Ahirwar And Anr. on 21 August, 2003
Equivalent citations: 2005ACJ253
JUDGMENT
S.S. Jha and Chandresh Bhushan, JJ.
1. This appeal is filed by claimants for grant of compensation. Claimants are widow and children of deceased Prakash alias Pappu. Prakash alias Pappu Ahirwar was the driver of tractor No. MP 08-675. On 18.2.1995, deceased Prakash was driving the said tractor which overturned resulting in his death. Considering the pleadings of appellants, evidence on record, the Claims Tribunal has recorded a finding that appellants are not entitled for any compensation on account of negligence of the driver. The Claims Tribunal held that for the negligence of the driver his heirs cannot claim compensation.
2. Counsel for appellants submitted that he has moved an application for converting the claim petition under Section 163A of the Motor Vehicles Act (hereinafter referred to as 'the Act') and submitted that his application for compensation, be read under Section 163A of the Act in place of Sections 166 and 140 of the Act.
3. The counsel for appellants admitted that interim compensation of Rs. 25,000 was awarded to appellants on the application under Section 140 of the Act. Section 163B of the Act provides that where a person is entitled to claim compensation under Sections 140 and 163A of the Act, he shall file claim under either of the said section and not under both.
4. In the light of the aforesaid statutory provision, the appellants are not entitled to convert their application under Section 163A of the Act, after applying and getting benefit of Section 140 of the Act. The appellants' application for converting the application under Section 163A of the Act is not maintainable and is dismissed. Consequently, L.A. No. 6214 of 2002 is also dismissed.
5. Counsel for the appellants then submitted that even if there was negligence on the part of deceased Pappu alias Prakash then also the appellants are entitled for compensation for no fault liability under Section 140 of the Act, which is Rs. 50,000, but the Claims Tribunal has erred in awarding interim compensation of Rs. 25,000 only.
6. Considering the mandatory provision of Section 140 of the Act, claimants are entitled to get compensation for no fault liability under Section 140 of the Act. Accident occurred on 18.2.1995, therefore, appellants are entitled for compensation of Rs. 50,000 for no fault liability and respondents are jointly and severally liable to pay the said amount with interest at the rate of 8 per cent per annum from the date of application till final payment. However, if any amount is deposited then Claims Tribunal shall adjust that amount while calculating the interest.
7. In the result, appeal succeeds in part, without any order as to costs.