RAVINDRA SHYAMBIHARI PATEL SHETHWALA Vs. DINESHBHAI MAJABHAI RATHOD

JUDGEMENT

(1.) xxx xxx xxx.

(2.) On the request of both the learned Counsel the appeal itself has been heard. The brief facts of the case are that the appellant's only son aged about 2 years died as a result of accident by the vehicle owned by the respondent No. 2 and driven by respondent No. 1. On 22-3-97. The claim for the sum of Rs, 80,000/- was lodged before the Motor Accident Claims Tribunal, Gondal which was registered as claim case No. 160/97. The claimants were allowed to proceed in forma pauperis. A settlement was filed in the court on 2-4-97 stating that in the claim petition, the claimant has agreed to reduce his claim from Rs. 80,000/- to Rs. 9,999/- and has finally agreed to accept payment of Rs. 5,000/- in full and final settlement of claim. On this application the Court passed the following order:

(3.) The perusal of the aforesaid order goes to show that regarding satisfaction of the court that the agreement is legal and within the purview of subject-matter of the claim petition and in the interest of the claimants on the fact of it appears to be without application of mind to relevant provisions of law and ordinary course of human conduct. Section 140 of Motor Vehicles Act dealing with accidents claims provide grant of minimum sum of Rs. 50,000/- as 'no fault liability' of the owner of vehicle and it has been made obligatory upon the court to make an interim order for the award of compensation on principle of 'no fault liability' if conditions of the provisions are satisfied, i.e. that as a result of accident a person has died or suffered injury resulting in permanent disablement for immediate relief and that amount is to be adjusted in the final claim but which is not refundable.