IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 MACA.No. 1821 of 2005() ---------------------------------- OPMV.860/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) ----------------------- JOY, S/O.VARGHESE, KONNATH HOUSE, MELOOR P.O., MUKUNDAPURAM TALUK. BY ADVS.MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): RESPONDENT ON OP(MV) ------------------------- 1. M.M.JOSEPH, S/O.M.U.MATHEW, MOOTHEDAN HOUSE, MELOOR P.O. 2. JOSE, S/O.DEVASSY, PEREPPADAN HOUSE, MELOOR P.O., MELOOR. 3. MANAGER, UNITED INDIA INSURANCE CO. LTD., THRISSUR. 4. K.S.NABEESA, W/O.M.A.MOIDEEN, 19/88, H.M.P.R. STREET, FORT, COIMBATORE. 5. M.ABDUL AZIZ, S/O.MUTHU RAWATHER, AKC MARKET, METTUPALAYAM. R3 BY ADVS. MR.AGINOV MATHAPPAN, SMT.D.GEETHA, SMT.K.SHERIN MOHAN . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1821 OF 2005 ............................................. Dated this the 22nd day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the claims Tribunal, Irinjalakuda in OP(MV)No.860/1999. The said petition was tried along with the other cases and an award has been passed under Section 163 A directing compensation to be paid by respondents 4 and 5 in all the cases. The question that arises for determination is whether the Tribunal was justified in directing compensation to be paid by the owner and the driver of the lorry involved in the accident. The facts of the case would show that, the allegation is that, a lorry after overtaking another vehicle, hit on an auto rickshaw which lost its control on account of the impact and hit on the pedestrians thereby resulting in injuries to them. Originally, the claim petition was filed under Section 166 of the Motor Vehicles Act and it was then amended as one under Section 163 A. The Tribunal found that the accident was taken on account of the negligence of the lorry driver and decided to order those persons to give : 2 : M.A.C.A.NO.1821 OF 2005 compensation. The Tribunal was totally aware of the fact that the question of negligence was not a matter for consideration in a petition under Section 163 A of the Motor Vehicles Act. So, the decision of the Tribunal on the basis that the lorry driver was responsible for the accident and thereby the driver and the owner of the lorry is bound to pay the compensation may not be a correct order under Section 163 A of the Motor Vehicles Act. The very purport of Section 163 A of the Motor Vehicles Act is to avoid the finding on the question of negligence and to restrict the class of people involved in the accident whose annual income does not exceed Rs.40,000/= and it is the social benefit conferred upon the accidental victim who does not have much financial resources. Another object of the same is to avoid protraction of the litigation on the question of negligence. This Court did have an opportunity to consider the question in the decision reported in New India Assurance Co. Ltd. v. Vappu and Others (2007 (3) ACJ 1511) (I was a party to the decision) therein the Division Bench was made it clear that there was no question of : 3 : M.A.C.A.NO.1821 OF 2005 apportioning the question of negligence between the joint tortfeasors in order to apportion their inter se liability in an application under Section 163 A of the Motor Vehicles Act. Section 163 A only contemplates a situation that accident should have arisen out of the use of a motor vehicle. 2. Therefore, the finding of the Tribunal is set aside and the matter is remitted back to the Tribunal to consider the question in the light of the principles laid down in the decision referred to above and also any subsequent decision, if any, and then dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 1.12.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.1821 OF 2005