Sat Oct 19 16:16:47 UTC 2024: Published – October 19, 2024 09:46 pm IST – MADURAIThe Madurai Bench of the Madras High Court has exonerated National Highways Authority of India (NHAI) from liability in a Motor Accident Claims case. The court observed that the authority empowered with the laying of roads or maintenance of roads cannot be mulcted with liability under the Motor Vehicles Act.
Justice R. Vijayakumar observed that Section 168 of the Motor Vehicles Act empowered the tribunal to pass an award against the insurer or owner or driver of the vehicle involved in an accident or by all or any of them as the case may be. Therefore, it was clear that an award could be passed only against an insurer or owner or driver of the vehicle.The Motor Vehicles Tribunal was just a statutory authority under the Motor Vehicles Act and it did not have any jurisdiction to entertain the tortious claim against any other person who had not been named under Section 168 of the Motor Vehicles Act. In such circumstances, the tribunal had exceeded its jurisdiction and passed an award against NHAI in the claim petition, the court observed.
The court was hearing the Civil Miscellaneous Appeal filed in 2019 by NHAI, Madurai, against the order of compensation awarded by the Motor Accident Claims Tribunal cum IV Additional District Court, Madurai, in 2018.
According to the claimants in the case, the deceased was riding a two wheeler on the night of March 22, 2012. A lorry was parked on the wrong side of Madurai – Tiruchi road due to a punctured tyre, without any warning signals or lights. He sustained injuries after the two-wheeler rammed the stationary lorry and succumbed to the injuries.
The tribunal had impleaded NHAI in the case and held that the lorry had been parked on the busy highway for nearly two days and NHAI had not taken any action for towing away the lorry. The tribunal held that NHAI should also be held responsible and fixed the total compensation at ₹ 16,98,130.The insurer of the lorry, Bharti Axa General Insurance Company, was mulcted with liability to satisfy the entire award amount and thereafter, recover 35% of the award amount from NHAI. This was challenged in the appeal.
The court set aside the order passed against NHAI and held that the insurance company was mulcted with liability. The award amount was confirmed by the court.
Published – October 19, 2024 09:46 pm IST
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