INDIRA BANERJEE,J. - (1.) This appeal filed by the claimants is against a judgment and award dated 2nd June, 2004 passed by the Motor Accident Claims Tribunal, 3rd Court, Burdwan in an application under Section 166 of the Motor Vehicles Act 1988, hereinafter referred to as the 'M.V. Act' being M.A.C. Case No. 47/249 of 2001, awarding compensation of Rs.6,45,000/- to be paid in equal share, by the respondent No. 1, New India Assurance Co. Ltd. and the respondent No. 2, United India Insurance Co. Ltd. within three months from the date of the award, failing which the award would carry interest at the rate of 9% per annum from the date of default. No pendente lite interest has been awarded.
(2.) The appellants are the wife, daughter, two sons, father and mother of Late Uttam Kumar Roy. It is the case of the appellants that while Uttam Kumar Roy, since deceased was riding his motor cycle and proceeding towards Burdwan, his motor cycle met with an accident as a result of rash and negligent manner in which the trucks bearing the registration number WB53 5278 owned by M/s Shreekrishna Mercantiles and covered by policy of insurance issued by the respondent No. 1, New India Assurance Co. Ltd. and truck No. WMH-1271 owned by Mr. Abhijit Dutta and covered by a policy of insurance issued by the respondent No. 2, United India Insurance Co. Ltd., were being driven.
(3.) According to the petitioner, the said trucks, which were being driven in a rash and negligent manner hit the motor cycle. As a result of the accident, Uttam Kumar Roy was killed on the spot. Claims for compensation in case of motor accidents are governed by the provisions of Chapters X, XI and XII of the M.V. Act. Some of the relevant provisions of the MV Act of 1988 relating to liability of the owners and/or insurer to pay compensation in case of death or disablement of a victim of a motor accident are set out hereinbelow for convenience:- 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 fore 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). [for permanent disability, see page 200, Schedule 1 of Workmen's Compensation Act, 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. 165. Claims Tribunals.-(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. Explanation.-For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under section 140 [and section 163A]. ..................... 166. Application for compensation. (1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made-- (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) Where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) By any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be imp leaded as respondents to the application. [(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits or whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.] [(3) * * *] [(4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this Act.] 168. Award of the Claims Tribunal.-On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be: Provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or toherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X. ........................" Section 140 in Chapter X and Section 163A in Chapter XI provide for compensation on the principle of no fault liability in case of death or permanent disablement as a result of an accident in the course of use of the motor vehicle. While Section 140 provides for fixed compensation of Rs.50,000/- in case of death and Rs.25,000/- in case of permanent disablement, irrespective of the age or income of the victim of the accident. Section 163A provides for compensation as indicated in the Second Schedule, computable on the basis of the age and income of the victim at the time of the accident. ;