K. NANDAKUMAR v. MANAGING DIRECTOR, THANTHAI PERIYAR

By reason of sub-section (1) of Section 92-A, an absolute liability is cast upon the owner of a vehicle to pay compensation in respect of death or permanent disablement resulting from an accident arising out of its use. By reason of sub-section (3), the claimant is not required to plead or establish that the death or disablement was due to a wrongful act or neglect C or default of the owner or any other person. Sub-section ( 4) is in two parts. The first part states that a claim for compensation under the Section is not defeated by reason of any wrongful act, neglect or default of the person who had died or suffered permanent disablement. The second part states that the quantum of compensation is not to be diminished even if the person who had died or suffered permanent disablement bore some D ~esponsibility for his death or disablement. There was, therefore, on a plain reading of Section 92-A, particularly, the first part of sub-section ( 4) thereof, no basis for holding that a claim thereunder could be made only if the person who had died or suffered E permanent disablement had not been negligent. The provision being clear, no external aid to its construction, such as the Statement of Objects and Reasons, was called for. The Judgment in the case of Ramanbhai Prabhatbhai (supra) dealt principally with the question whether the brother of a person who had died F in a motor accident could claim compensation under Section 110-D of the Motor Vehicles Act, 1939. In paragr~ph 10 of the judgment it was ob- served" ' " ........... From the point of view of the pedestrian the roads of this country have been rendered by the use of the motor vehicles highly G dangerous. 'Hit and run' cases where the drivers of the motor vehicles who have caused the accidents are not known are increas- ing in number. Where a pedestrian without negligence on his part is injured or killed by a motorist whether negligently or not, he or his legal representatives as the case may be should be entitled to . H 636 SUPREME COURT REPORTS [1996] 2 S.C.R. A - B c D recover damages if the principle of social justice should have any meaning at all. In order to meet to some extent the responsibility of the society to the deaths and injuries caused in road accidents there has been a continuous agitation throughout the world to make the liability for damages arising out of motor vehicles acci dents as a liability without fault. In order to meet the above social demand on the recommendation of the Indian Law Commission Chapter VII-A was introduced in the Act. Section 92-A to 92-E of the Act are to be found in Chapter VII-A. Section 92-E of the Act provides that the provisions of Chapter VII-A shall have effect notwithstanding anything contained in any other provision of the Act or of any other law for the time being in force. Section 22-A of the Act provide,s that where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner 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 the said section ..... " The words emphasised by the High Court are underlined. This passage does not interpret Section 92-A; the sentence in which the underlined E words occur is a statement of a principle of social justice. The decision in the Case of Minu B. Mehta & Anr. v. Balkrishna Ramchandra Nayar & Anr., (ibid) was rendered before Section 92-A was introduced into the statute and is of no assistance in its interpretation. F The appellant is entitled to the benefit of the provisions of Section 92-A and to compensation in the sum of Rs. 7,500 as quantified thereiri for permanent disability. The appeal is allowed. The Judgment and order under appeal is set G aside. The respondent shall pay to the appellant compensation in the sum of Rs. 7,500 with interest thereon at the rate of 12 per cent per annum from · the date of the appellant's claim petition till payment or realisation. There shall be no order as to costs. G.N. Appeal allowed.