- (1.) This appeal is against Judgement and Award dated 29th February, 2012 passed by the Motor Accident Claims Tribunal, 9th Court, Alipore in an application for compensation filed by the claimants/appellants under section 163A of the Motor Vehicles Act, 1988 on account of the accidental death of late Purnima Ghosh, in course of use of a vehicle bearing Registration No. WB-03/ 5073 owned by the respondent No. 2 and covered by a policy of insurance taken out by the respondent No. 1/National Insurance Co. Ltd. (hereinafter referred to as the 'respondent/insurer'). By the judgement and award impugned, the learned Tribunal awarded the claimants/appellants compensation of only Rs. 9,500/- towards funeral expenses, loss of estate and loss of consortium observing that compensation of Rs. 9,500/- was just, proper, adequate and equitable in the facts and circumstances of the case.
(2.) The learned Tribunal proceeded on the basis that since the deceased victim was, during her lifetime, a housewife with no income and neither of the appellants was dependent on her, the claimants/appellants would not be entitled to any compensation except for statutory compensation of Rs. 5,000/- towards loss of consortium, Rs. 2000/- towards funeral expenses and Rs. 2,500/- towards loss of estate. The learned Tribunal framed the following issues: "1. Is the claim case maintainable in its present form? 2. Did the accident occur due to the fault on the part of the driver of the offending vehicle bearing registration No. WB-03/5073 on 19.07.2005? 3. Whether the offending vehicle bearing registration No. WB-03/5073 was under the valid insurance coverage of the National Insurance Co. Ltd.? 4. Are the claimants entitled to get any compensation as prayed for? 5. To what other relief or reliefs, if any, are the petitioners entitled?"
(3.) The learned Tribunal dealt with all the aforesaid issues together for the sake of brevity and convenience. In our view Issue No. 2 i.e. the issue of whether the accident occurred due to the fault on the part of the driver of the offending vehicle, bearing Registration No. WB-03/5073 was not relevant in an application under section 163A of the Motor Vehicles Act which is based on no fault liability. Section 163A of the Motor Vehicles Act inter alia provides: "163A. Special provisions as to payment of compensation on structured formula basis.-- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be. Explanation.--For the purposes of this sub-section, "permanent disability" shall have the same meaning and extent as in the Workmen's Compensation Act, 1923 (8 of 1923). (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. (3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule.";