1. By way of this appeal, the appellant has challenged the judgement and award dated 26.09.2003 passed by the Motor Accident Claims Tribunal (Main) at Surendranagar in Motor Accident Claims Petition No. 200 of 2003 whereby the Tribunal awarded an amount of Rs. 25,000/- alongwith interest at the rate of 9% per annum from the date of application till realisation.
2. The respondent no. 1 herein-original claimant had filed Motor Accident Claims Petition No. 200 of 2003 under Section 140 of the M.V. Act for compensation in respect of a vehicular accident which occurred when he was driving a Chhakado rickshaw. The claimant had to suddenly apply brake as a result of which the rickshaw turned turtle and he sustained severe injuries. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr.
Shah, learned advocate appearing for the appellant submitted that the Tribunal ought to have appreciated that as the claimant had not filed claim petition under Section 166 of the M.V. Act, the application filed under Section 140 of the M.V. Act is not maintainable and is liable to be dismissed. Mr. Shah has relied upon a decision of the Apex Court in the case of Yallwwa (smt.) and Others vs. National Insurance Co. Ltd. and Another reported in 2007(6) SCC 657.
4. Having heard learned advocate for the appellant and having perused the papers on record, this Court is of the view that the considering the smallness of amount, the Insurance Company at the first place ought not to have approached this Court. The factum of accident is not disputed in the present case. Section 140 of the Act in Chapter X thereof provides for liability to pay compensation in certain cases on the principle of no fault. The Tribunal has considered the decision of the Apex Court as well as this Court and passed the impugned award considering the fact that application under Section 140 can be filed at the earliest opportunity even before filing of the petition under Section 166 of the Act. Section 140 provides only for payment of fixed compensation and substantive petition under section 166 is not a condition precedent for filing application under section 140. Therefore, considering the meagre amount of claim and the fact that the accident is not disputed, this court is not inclined to cause any interference at this stage in an award passed under Section 140 of the Act. Accordingly, appeal is dismissed.
(K.S.
JHAVERI, J.) Divya// Top