JAYNTIJI RANCHHOADJI SOLANKI Vs. PATEL VINUBHAI PRABHABHAI

JUDGEMENT

(1.) Heard Mr. M.T.M. Hakim, learned advocate for the Appellant and Mr. Hardik C. Rawal, learned advocate for the Respondent/Defendant no.2. Presence of remaining Respondent/s is not much material. However, they are served but absent since Respondent No.1 is driver of Respondent No.2, whereas, Respondent No.3 is owner of other vehicle against whom there is no prayer in this appeal.

(2.) Very small and limited issue is involved in this appeal and, therefore, without entering into minute details and history of incident and litigation, the same needs to be summarily disposed of because the Tribunal has erred in fixing limited liability of different vehicle owners while awarding compensation under 'No Fault Liability' under Sec. 140 of the Motor Vehicles Act, 1988 (hereinafter referred as M.V. Act.)

(3.) The impugned order dated 7.5.2015 is below Exh.5, an application for interim compensation under Sec. 140 of the M.V. Act under 'No Fault Liability' before the Motor Accident Claims Tribunal of Sabarkantha @ Himmatnagar in Motor Accident Claims Petition No.546 of 201 Such main petition is filed by present Appellant being victim of the road accident as a pillion rider of one Motor Cycle No.GJ9AS9683 which was hit on its back side by S.T. Bus No.GJ18Y5103 on 26.4.201 Because of such incident, the driver of the motor cycle was seriously injured and died during the treatment, his legal heirs have, therefore, preferred Motor Accident Claims Petition No.545 of 201 Though, an application for interim compensation by such legal heirs of driver of motor cycle has been filed against driver and owner of S.T. Bus on same day and though the same Tribunal has awarded 100% amount of 'No Fault Liability' against S.T. Corporation, so far as application by present applicant is concerned, the same Tribunal has bifurcated the liability of paying compensation between driver and owner of S.T. Bus and motor cycle owner equally i.e. in ratio of 50:50%. It is not certain that whether motorcycle was insured or not, but till date insurance company of motor cycle is not joined as opponent.