IN THE SUPREME COURT OF INDIA CIVIL APPELLATE …

1 1 REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 9393 OF 2019 Ramkhiladi & AppellantVersusThe United INDIA Insurance Company & Anr.. RespondentJ U D G M E N TM. R. Shah, aggrieved and dissatisfied with the impugnedJudgment and Order dated passed by the High COURT ofJudicature for Rajasthan at Jaipur in SBCMA No. 2614 of 2009, bywhich the High COURT has allowed the said appeal preferred by therespondent insurance company by quashing and setting aside theJudgment and Award passed by the learned Motor Accident ClaimsTribunal and consequently has dismissed the claim petition2preferred by the original claimants, the original claimants havepreferred the present facts leading to the present appeal in nutshell are in a vehicular accident which occurred on ,one Chotelal alias Shivram died.

2 The deceased was travelling onmotorcycle bearing registration No. RJ 02 SA 7811. At this stage, itis required to be noted that, even as per the claimants, the accidentoccurred on account of rash and negligent driving of the driver ofanother motorcycle bearing registration No. RJ 29 2M 9223. Thatthe appellants herein filed a claim petition before the MotorAccident Claims Tribunal, Laxmangarh (Alwar), Rajasthan(hereinafter referred to as the learned Tribunal) under Section 163 Aof the Motor Vehicles Act (hereinafter referred to as the Act). At thisstage, it is required to be noted that the claim petition was preferredonly against the owner of the motorcycle bearing registration No. RJ02 SA 7811 and its insurance company. Neither the driver nor theowner or the insurance company of the vehicle bearing registrationNo. RJ 29 2M 9223 were joined as opponents in the claim , as such, no claim petition was filed against the driver,owner and the insurance company of the vehicle involved in theaccident motorcycle bearing registration No.

3 RJ 29 2M an objection was raised by the respondent insurancecompany insurer of motorcycle bearing registration No. RJ 02 SA7811 that as according to the claimants and even so stated in theFIR, the driver of the motorcycle bearing registration No. RJ 29 2M9223 was rash and negligent and the claimants have not filed theclaim petition against the owner of the said vehicle, the claimpetition is required to be dismissed against the insurance companyof the motorcycle bearing registration No. RJ 02 SA 7811. Thelearned Tribunal framed the following accident was caused on by driverChhotelal alias Shivram driving Motorcycle RJ 02 SA7811 vehicle in question in rash and negligent manner? the driver was driving the said vehicle being inthe employment of vehicle owner opposite party No.

4 1 Bhagwan Sahay in his interest or with hispermission/knowledge? to occurring death of Chhotelal aliasShivram (driver) in the alleged accident, how much validamount and in what manner, the applicants are entitledto get and from which opposite parties? the objections raised in the preliminary/specificstatements are significant, if yes then its effect? appreciation of evidence, the learned Tribunal answeredIssue Nos. 1 and 2 in favour of the claimants and held that thedeath of the deceased Chotelal alias Shivram had occurred from themotorcycle involved in the accident and the said motorcycle wasinsured with the respondent insurance company, the insurancecompany is liable to pay the compensation under Section 163A ofthe Act. Consequently, by the Judgment and Award , the learned Tribunal partly allowed the said claimpetition and awarded a total sum of ,67,000/ as compensationalong with the interest @ 6% per annum from the date of filing ofthe claim petition till the date of the actual aggrieved and dissatisfied with the Judgment andAward passed by the learned Tribunal holding the insurancecompany of the motorcycle bearing registration No.

5 RJ 02 SA 7811liable to pay the compensation, the respondent insurance company insurer of motorcycle bearing registration No. RJ 02 SA 7811preferred an appeal before the High COURT . That, by the impugnedJudgment and Order, the High COURT has allowed the said appealand has quashed and set aside the Judgment and Award passed bythe learned Tribunal and consequently has dismissed the claimpetition on the ground that even as per the informant VikramSingh, who lodged the FIR, the accident had occurred on account ofrash and negligent driving by the driver of motorcycle bearingregistration No. RJ 29 2M 9223, however, the claimants have notfiled the claim petition against the owner of the said vehicle and infact, the claim petition should have been filed by the claimantsagainst the owner of vehicle bearing No.

6 RJ 29 2M 9223 to aggrieved and dissatisfied with the impugnedJudgment and Order passed by the High COURT , the originalclaimants have preferred the present appeal. Abhishek Gupta, learned advocate appearing on behalf ofthe appellants original claimants has vehemently submitted thatthe High COURT has materially erred in dismissing the claim petitionsolely on the ground that the claimants have not filed the claimpetition against the owner of the motorcycle bearing registration 29 2M is submitted by the learned advocate appearing on behalf ofthe appellants original claimants that, as such, the High COURT hasnot properly appreciated the fact that the claim petition preferred bythe original claimants was under Section 163A of the Act and,therefore, when the claim petition was preferred under Section163A of the Act.

7 There is no need for the claimants to plead orestablish that the death in respect of which the claim petition hasbeen made was due to any wrongful act or neglect or default ofowner of vehicle concerned. It is further submitted by the learned advocate appearing onbehalf of the appellants original claimants that the claim petitionfiled by the original claimants was based on the principle of no faultliability. It is submitted that the claimants could have elected tofile the claim petition either under Section 166 read with Section140 of the Act against the owner/insurer of offending vehicle RJ29 2M 9223 on the basis of the fault liability or under Section 163 Aeither against the owner/insurer of the vehicle being driven by thedeceased at the time of accident RJ 02 SA 7811 or against theowner/insurer of offending vehicle RJ 29 2M 9223 on the basisof no fault liability.

8 It is submitted by the learned advocateappearing on behalf of the appellants original claimants that, assuch, the deceased was not the owner of the vehicle bearingregistration No. RJ 02 SA 7811 and in fact and as observed by thelearned Tribunal, he was in employment of owner of the vehicle 02 SA 7811 and therefore a third party. It is submitted thathaving elected to prefer the claim under Section 163A of the Act onthe principle of no fault liability against the owner/insurer of thevehicle being driver by the deceased at the time of the accident 02 SA 7811, the claim was perfectly just and maintainable andthe learned Tribunal made no error in allowing the same. Insupport of the above, the learned advocate appearing on behalf ofthe original claimants has heavily relied upon the decision of thisCourt in the case of Reshma Kumari v.

9 Madan Mohan (2013) 9 SCC counsel appearing on behalf of the original claimantshas further submitted that Section 163A of the Act has to beinterpreted in keeping with the intention of the Legislature and thesocial perspective it seeks to achieve. It is a provision which isbeneficial in nature and it has been enacted as a measure of socialsecurity. It is submitted that Section 163A of the Act commenceswith a non obstante clause. Liability to pay the compensation ison owner of the motor vehicle or the authorized insurer . It issubmitted that the word owner has been defined under Section2(30) to mean a person in whose name a motor vehicle standsregistered, and where such person is a minor, the guardian of suchminor, and in relation to a motor vehicle which is the subject of ahire purchase, agreement or an agreement of lease or an agreement9of hypothecation, the person in possession of the vehicle under thatagreement.

10 It is submitted that having regard to the said definitionof owner , this COURT in Naveen Kumar v. Vijay Kumar (2018) 3 SCC 1 has held the registered owner of the vehicle as per theregistering authority liable in respect of the offending vehicle despitesale/purchase of vehicle by him. It is submitted that, in paragraph6, it is held that the person in whose name the motor vehicle standsregistered is the owner of the vehicle for the purpose of the Act. is further submitted by the learned counsel appearing onbehalf of the appellants original claimants that for claiming thecompensation under Section 163A of the Act, the claimants are onlyrequired to prove that the death or permanent disablement is as aresult of the accident arising out of the use of motor vehicle and itwill cover those who are themselves driving a vehicle, thepassengers and also pedestrians.