- (1.) THIS appeal, by appellant-Nasir Mohammed is against the order dated 10. 7. 1990, passed by Motor Accident Claims Tribunal, Merta, making an interim award in respect of a claim arising out of an accident which took place on 12. 3. 1987, on account of no-fault liability, arising under Sec. 92-A of the Motor Vehicles Act, 1939.
(2.) IT is contended by learned counsel for the petitioner that no fault liability under Sec. 92-A arises only against the owner or owners of the vehicle. The appellant Nasir Mohammed' was a Driver and not owner of the vehicle on the date when the accident took place. IT is also the findings of the Tribunal, that on the date of accident, the non petitioner Chuna Ram was owner of the vehicle involved in the accident. In that view of the matter, an award could not be passed against Nasir Mohammed and Chuna Ram jointly,on account of no fault liability. Learned counsel for the respondent claimants Nq. 1 to 3 contest this position. I have carefully considered the provisions of the Act and the order under challenge. I am of the opinion that the appeal must succeed. The relevant provisions of Sec. 92-A of the Motor Vehicles Act, 1939 are re-produced herenin-below: below: "chapter VII A LIABILITY WITHOUT FAULT IN CERTAIN CASES 92a. Liability to pay compensation in certain cases on the principle of no fault (1) where the death or permanent disablement of any person has resulted from an accident arising out of the use of motor vehicle or motor vehicles, the owners of the vehicle shall or as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. The amount of compensation which shall be payable under subsection (1) in respect of the death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under the sub-section in respect of the permanent disablement of the person shall be a fixed sum of seven thousand five hundred rupees. In any claim for compensation under sub-section (1) the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect order fault of the owner or onwers of the vehicle or vehicles concerned or of any other person. A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement. " From the bare perusal of aforesaid provisions, it is clear that liability under Sec 92-A of the Act arises only against owner (s) of the vehicle (s) involved in the accident and not against the Driver. The Tribunal has categorically found in its order that on the date of accident it was respondent No. 4 Chuna Ram who was the owner. In view of aforesaid findings, it was not open for the Tribunal to have passed any award against Nasir Mohammed, who was Driver at the relevant time.
(3.) IN this view of the matter, the award dated 10. 7. 1990, passed by Motor Accident Clams Tribunal, Merta, in Motor Accident Claims Case No. 73/87, so far it relates to appellant Nasir Mohammed, is set aside. The appeal is allowed accordingly. No order as to costs. .;