- (1.) This appeal is against a judgment and award dated 19th February, 2014 made by the Motor Accident Claims Tribunal, Third Court, Krishnagar, Nadia in Motor Accident Claim Case/Suit No.198 of 2012 being an application filed by the claimant appellants for compensation under Section 166 of the Motor Vehicles Act, 1988 on account of the death of one Minati Debnath in an accident in course of use of a motor cycle bearing the registration no.WB- 52G/3999.
(2.) Under the Motor Vehicles Act, compensation may be claimed under Section 163A and also under Section 166. There is a major difference between Section 163A and Section 166. Liability under Section 163A is in the nature of a "no fault liability". Under Section 163A, fault or negligence of the owner or any other person need not be pleaded or proved. In an application under Section 163A, all that is required to be proved is that death or, alternatively the permanent disability, resulted in course of use of a motor vehicle. However, under Section 166, negligence and/or fault of the motor vehicle has to be established by cogent evidence.
(3.) In motor accident claims cases, whether there is death or permanent disability, the courts have sympathy for the victims and/or legal heirs of victims. However, sheer sympathy for a victim coupled with the fact that there is a corporate insurer contesting the claim for compensation, does not, in our view, enable a Tribunal to disregard all evidence, particularly, in an application under Section 166 of the Motor Vehicles Act.;