SNIL KUMAR KESHAWANI Vs. SATYAWATI KASHYAP

JUDGEMENT

(1.) HEARD on admission. This misc. appeal is directed against the order dated 26. 6. 2006, passed by the First additional Motor Accidents Claims Tribunal, bilaspur, whereby an amount of compensation of Rs. 25,000 was directed to be paid by the appellant under section 140 of the Motor Vehicles Act, 1988, on principle of no fault liability.

(2.) BRIEFLY stated the undisputed facts are that appellant herein is the authorised dealer of Sonalika International Tractor at bilaspur. On 6. 11. 2005, a Sonalika International tractor valued at Rs. 3,58,735 and trolley valued at Rs. 70,000 was delivered by the appellant to one Jagdish Prasad sharma for demonstration purpose after receiving an amount of Rs. 35,000. It so happened that while the tractor-trolley was in custody of Jagdish Prasad Sharma and was being driven by his driver Dilip Kumar kashyap near Ratanpur on 9. 11. 2005, it dashed against Satyawati Kashyap. It is also not in dispute that neither the tractor-trolley was insured on the date of accident nor was it registered in the name of Jagdish prasad Sharma on the ill-fated day. It is also not in dispute that remaining consideration was due and unpaid on the date of accident.

(3.) CLAIMANT pleaded that she sustained grievous injury, i. e. , paraplegia (traumatic)on the back. The Medical Board certified that 90 per cent disability was caused to satyawati Kashyap. In claim petition, C. T. No. 161 of 2005, for compensation an application under section 140 of the Motor vehicles Act, 1988 was filed.