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Madhya Pradesh High Court · body

2000 DIGILAW 866 (MP)

Anjani v. Achenna

2000-08-19

V.K.AGRAWAL

body2000
Short Note This miscellaneous appeal is directed against the impugned award dated 15.10.1999 in Claim Case No. 10/1999 by Seventh Additional Motor Accidents Claims Tribunal, Raipur, whereby the application of the claimants-appellants under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act for short) was allowed and an interim award of Rs. 25,000/- on the principle of no fault liability was passed. It appears that the claimants/appellants filed an application under section 166 of the Act alleging that deceased Dhansingh died in a motor accident on account of head on collision between truck No. MPS : 1351 and truck No. A.P. 31/3258. The deceased was the driver of truck No, MPS: 1351, The respondent No. 1 is the driver of truck No. A.P. 31/3258; the respondent No.2 is the owner thereof while the respondent No.3 is the insurer. The learned tribunal observed that the respondents are liable to pay compensation under section 140 of the Act on the principle of no fault liability, However, it was observed that since the owner and the insurance company of the other truck being driven by the deceased have not been made parties, the respondents can only be directed to pay half the amount of Rs. 50.000/-, prescribed under section 140 of the Act. The learned counsel for the claimants-appellants urged that on the principle of no fault liability, the respondents were jointly and severally liable to pay the whole amount of Rs. 50.000/-. The contention as above appears to be justified. The respondents are jointly and severally liable for payment of the interim award under section 140 of the Act on the principle of no fault liability. Accordingly, this appeal is allowed and it is directed that instead of Rs. 25,000/- as ordered to be paid by the Tribunal by the impugned award, an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) shall be payable by the respondents jointly and severally to the claimants-appellants.