FAO No.3264 of 2005 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3264 of 2005 Date of Decision. 13.09.2010 The National Insurance Company Ltd. SCO No.337-340, Sector 35-B, Chandigarh through its Asstt. Admn Officer ......Appellant Versus Bimla Devi alias Bholi widow of late Sh. Jeet Ram and others ......Respondents Present: Mr. L.M. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The claimants are representatives of the deceased motor- cyclist, who dashed against a trailer from behind. The accident took place when the trailer stopped at the excise barrier and the motor-cyclist, who was following the tractor did not apply sufficient caution and dashed against the trailer and suffered injuries to which he succumbed. After letting in evidence the petition, which was filed under Section 166 of the Motor Vehicles Act was amended as one under Section 163-A of the Motor Vehicles Act and the claimants, therefore, pressed for a relief under Section 163-A of the Motor Vehicles Act. The Tribunal granted the compensation dispensing with the requirement of proof of negligence against FAO No.3264 of 2005 -2- another vehicle to which the deceased was a third party. 2. Learned Senior Counsel appearing for the insurance company would contend that the claimants to have filed the case attributing negligence to yet another vehicle, if they could not establish the same, they ought not to have been permitted to make an alternative plea for a relief under provisions of Section 163-A of the Motor Vehicles Act. If such a contention were to be taken at all, then the insurer of the other vehicle ought not to be made fully liable and it should be borne by the owner of the motor-cycle himself. It must be noticed in this case that the owner of the motor- cycle was not made a party nor was the insurer of the motor-cycle. The argument advanced on behalf of the insurer has ingenuity but still I cannot accommodate such a plea, if I were to apply the immediate ingredients of Section 163-A of the Motor Vehicles Act which relieves the claimant having to prove the negligence of the vehicle which was involved in the accident. It cannot be denied that the tractor-trailer was invovled in the accident. It cannot again be denied that the claimant himself was not either the driver of the tractor or a passenger or a workman travelling in the trailer, who was making his claim against the owner and insurer of the tractor- trailer. If a claim emanates from a third partyto the vehicle, which was involved in the accident, such as its happened in this case, then Section 163-A of the Motor Vehicles Act is squarely applicable and it admits of no exception nor does it contemplate a situation of obtaining contribution from the insurer of the very vehicle (motor cycle) in which the deceased was travelling. I would take the basis FAO No.3264 of 2005 -3- of the claim as fully established by the bear application of Section 163-A of the Motor Vehicles Act, which in the language used makes the owner of the motor vehicle or the authorized insurer to pay in the case of death or permanent disablement due to accident arising out of the use of the motor vehicle. The use of the motor vehicle need not merely be from the point of view of the claimant but from the point of view of a situation that the accident was by the use of a vehicle of yet another person and the injury or death as resulting by the use of such other vehicle. The insurance company would, therefore, be liable to satisfy the claim and if there had been an amendment of the relief as one initiated under Section 163-A, such an order of amendment allowed by the Tribunal and award passed on such basis would accord with law. There is no scope for interference. 3. The appeal is dismisssed. (K. KANNAN) JUDGE September 13, 2010 Pankaj*