IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28 TH JULY 2008 / 6TH SRAVANA 1930 M.A.C.A.No. 570 of 2006(G) ----------------------- OP(MV) NO.1346/1994 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM . .................... APPELLANT/3RD RESPONDENT: -------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/APPLICANT & RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------- 1. BABU, S/O. KRISHNAN, CHATHALAMPATTUKONAM, KIZHAKKINKARA PUTHEN VEEDU, PALLICHAL, VEDIVACHANKOVIL P.O., THIRUVANANTHAPURAM. * 2. V.KRISHNAN, SHANKAR CEMENT STOCKIST, ASHRAMAN FLAT, T.C.25/49, FORT, THIRUVANANTHAPURAM.(DELETED) 3. MAHALINGAM PILLAI, S/O. GANAPATHI PILLAI, THEVAKAN KRISHNAN KOVIL, NAGARCOIL, TAMILNADU. BY ADV. SRI.C.R.SIVAKUMAR -R1 SRI.SANTHOSH PETER (MAMALAYIL) - R1 (* RESPONDENT NO.2 DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 6/07/2007 IN I.A. NO.1353 OF 2007.) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 570/2006 ORDER ON I.A.NO.642 OF 2006 IN M.A.C.A.NO.570 OF 2006 DISMISSED SD/- 28/07/2008 M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 570 OF 2006 = = = = = = = = = = = = = = = Dated this the 28th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 1346/94. The applicant is a 25 year old auto rickshaw driver who sustained injuries in a road accident. The accident had taken place when the auto rickshaw driven by him hit on the back of a parked lorry and he along with the occupants of the auto rickshaw sustained injuries. Or in other words, it was on account of the negligence of the auto rickshaw driver the accident had taken place. The Tribunal granted a compensation under Section 140 of the M.V. Act to the applicant and it is being challenged before the Court. 2. The learned counsel for the appellant namely the insurance company very strongly contends before me that since the accident had taken place on account of the auto rickshaw driver himself it must be the insurance company of the auto rickshaw that has to be ordered to pay the M.A.C.A. 570 OF 2006 -:2:- compensation and not the insurer of the lorry. I feel such an argument cannot be accepted for the reason that Section 140 does not envisage a finding on the question of negligence. It has been held by the Apex Court that S.92(A) introduced under the 1939 M.V. Act, it is a deviation from the settled principles of tort and that is why the insurance company is directed to pay the amount irrespective of the fault of the driver of the vehicle. Therefore I find that there is nothing wrong in granting an award under Section 140. 3. In order to entitle a person to get compensation under Section 140 of the M.V.Act there must be permanent disablement as contemplated under Section 142 of the M.V.Act. A perusal of the award does not show whether there is a permanent disablement as contemplated under Section 142 of the M.V. Act. Mere production of a disability certificate ipso facto does not lead to the conclusion of having a permanent disability as contemplated under Section 142 of the Act. So the said matter requires reconsideration and therefore I set aside the order of the Tribunal so far as M.A.C.A. 570 OF 2006 -:3:- with respect to the point that whether there was a disablement as contemplated under Section 142 so as to attract S.140 of the M.V.Act to get compensation. I must also state that for a no fault liability under Section 140 of the M.V. Act the only proof that is required is that the accident had arisen out of the use of a motor vehicle and the negligence is not a criteria. The matter is remitted back and the Tribunal is directed to consider the same afresh. Parties are directed to appear before the Tribunal on 2.9.08. M.N. KRISHNAN, JUDGE. ul/-