From a perusal of the aforesaid two provisions, it is established that the word person has been used and a claim petition can be filed on account of death or injury of any person or damage of the property. However, in the instant case, the claim petition is found to have been filed on account of death of dog, which does not fall either under the definition of "person" or "property". In this view of the matter, the claim petition filed by the claimant was not at all maintainable under Sec. 140 and 166 of MV Act. {Para 7}
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
S.B. Civil Misc. Appeal No. 1282 of 2009
Decided On: 29.04.2015
Kundan Singh Vs. Gokul and Ors.
Hon'ble Judges/Coram:
M.C. Sharma, J.
Citation: 2016 ACJ 665 (Raj) ,MANU/RH/2267/2015.
1. This appeal has been filed by the claimant-appellant against the judgment passed by the Tribunal. Brief facts of the case are that on 13.1.2008 Alsatian Dog G.S.D., brown coloured, aged about 3 1/2 years, when going with his master, near Government School at about 7.00 AM for opening the Milk Dairy, no sooner did they reach on the road in Jalam Singh Ka Bas, suddenly a Pick Up Jeep No. R.J. 14 GA 9766, being driven by its driver rashly and negligently, hit the dog at a fast motion, as a result of which the dog sustained grievous injuries and succumbed to injuries. The claimant filed a claim petition under Sec. 166/140 of MV Act before the Tribunal. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the judgment dt. 21.11.2008 dismissing the claim petition filed by the claimant.
2. Being aggrieved by the aforesaid judgment, this appeal has been filed by the claimant.
3. Learned counsel for the appellant has contended that Tribunal has not properly appreciated the oral as well as documentary evidence available on record. He has further contended that driver of the vehicle drove the vehicle rashly and negligently and hit his Alsatian dog. The appellant is a Jagirdar and his dog was taking care of his land. On account of death of his dog, the claimant has to keep labour and has to pay Rs. 3000/- per month. He has further contended that after death, the post mortem of his dog was conducted, from which it appears that the accident in question took place and in that accident, dog died. He has further contended that the dog was tied with chain, from which it is evinced that the claimant had taken all the precautions for keeping the dog. In the residential area, it is the duty of the driver of the vehicle to have a control on the speed of the vehicle, but in the instant case, after causing the accident, the driver of the vehicle ran away the vehicle. The learned Tribunal has utterly failed to consider these aspects of the matter, hence the impugned judgment passed by the Tribunal deserves to be quashed and set aside. In support of his contentions, he has placed reliance on the following judgments:
"i) Branch Manager, National Insurance Co. Ltd. v. Krishnammal & Ors., 2007 (4) TAC 910 (Mad.)
ii) Tasleeman Begum v. Ataulla Khan, MANU/UC/0335/2006 : 2007 (4) AC 587 (Utta.)"
4. On the other hand, learned counsel for the Insurance Co. defended the impugned judgment and stated the same to be just and proper. He has further contended that the Tribunal on the basis of material available on record, framed the issues and rightly decided the them. Hence, no interference is required by this Court.
5. I have heard learned counsel for the parties and carefully perused the impugned judgment.
6. At the very out, it is to be noted that the claimant filed the claim petition under Sec. 166 and 140 of M.V. Act. Before proceeding further in the matter, I deem just and proper to have a look on Sec. 166 and 140 of the MV Act, which are reproduced as under:
"140. Liability to pay compensation in certain cases on the principle of no fault.--(1) Where 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 this section.
(2) The amount of compensation which shall be payable under sub-sec. (1) in respect of the death of any person shall be a fixed sum of [fifty thousand rupees] and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of twenty-five thousand rupees.
(3) 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 or default of the owner or owners of the vehicle or vehicles concerned or of any other person.
(4) 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.
(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force:
Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under Sec. 163-A.
166. Application for compensation.--(1) An application for compensation arising out of on accident nature specified in sub-section (1) of Sec. 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 impleaded as respondents to the application.
(2) Every application under sub-sec. (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 of 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 Sec. 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.
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(4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of Sec. 158 as an application for compensation under this Act."
7. From a perusal of the aforesaid two provisions, it is established that the word person has been used and a claim petition can be filed on account of death or injury of any person or damage of the property. However, in the instant case, the claim petition is found to have been filed on account of death of dog, which does not fall either under the definition of "person" or "property". In this view of the matter, the claim petition filed by the claimant was not at all maintainable under Sec. 140 and 166 of MV Act.
8. The judgment cited by learned counsel for the appellant have no application in the instant case as they are related to death of person, whereas in the case in hand, the claim petition is found to have been filed on account of death of a dog.
9. The claimant albeit mentioned that the dog was Alsatian Dog, but no bill of its purchase were produced by him before the Tribunal. No documentary evidence is found to have been adduced with regard to age of the dog and expenses incurred on training to Alsatian dog. There is no evidence emerging on record with regard to loss of income on account of death of Dog. The documentary evidence is the best piece of evidence. Since the claimant has utterly failed to produce any documentary evidence in support of his case, the Tribunal is found to have dealt with each and every aspect of the matter and rightly passed the impugned judgment. I am in unison with-the findings arrived at by the learned Tribunal, the relevant part of which is reproduced as under:
For these reasons, I do not think it just and proper to interfere in the impugned judgment passed by the learned Tribunal and thus, the appeal filed by the claimant being without any substance, is hereby dismissed after confirming the judgment passed by the learned Tribunal.
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