JUDGMENT Final arguments heard with the consent of learned counsels for parties. Claimants-appellants filed an application under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act' for short), claiming compensation on the principle of no fault liability on account of death of deceased Laxman, son of appellants No.1 & 3 and brother of appellant No.2. The said application has been dismissed by the learned Claims Tribunal on the ground that the deceased was not identified. It was averred by the claimants-appellants that on 5.11.2000, deceased Laxman was travelling by the offending truck MP 20-G 3091. The said truck met with an accident resulting in fatal injuries to Laxman. The respondent No.1 was the driver of the said vehicle while respondent No.2 is its owner. The said vehicle was insured by respondent No.3. The learned claims Tribunal rejected the said application under section 140 of the 'Act' holding that it was not satisfactorily established that the deceased was Laxman. Learned counsel for appellants however, submits that though initially the dead body of Laxman was not identified, but subsequently during investigation by Police Chitphi it was established that the deceased was Laxman and a charge-sheet under section 173, CrPC was accordingly filed against respondent No.1 driver, copies of documents accompanying the charge-sheet have been filed. It appears therefrom that the dead body was subsequently identified to be that of Laxman. In the foregoing circumstances, there is prima facie material to hold that the deceased was Laxman who died in motor accident as averred by the claimants-appellants. Therefore the learned. Tribunal erred in rejecting the prayer of claimants-appellants under section 140 of the Act. The appeal is therefore, allowed. As prayed by the claimants-appellants award of Rs. 50,000/- (Rupees fifty thousand) is granted. The respondents shall be jointly and severally liable to pay the amount of award as above under section 140 of the Act. The respondents shall also be liable to pay interest on the said amount of 12 per cent per annum from the date of application till payment. The amount as above, shall be disbursed to the claimants-appellants after obtaining security from them for its restitution to the satisfaction of the Tribunal.