SHRIRAM GENERAL INSURANCE CO LTD Vs. UMADABI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 15.3.2011 passed by the Member, Motor Accidents Claims Tribunal, Pusad in M.A.C.P. No. 45 of 2010, whereby claim on the principle of 'no fault liability' lodged under section 140 of Motor Vehicles Act (in short, 'the Act') was allowed. The original opponent Nos.

(2.) AND 3 were jointly and severally ordered to pay half of the amount of 'no fault liability', i.e., Rs. 25,000 and remaining half was to be paid by original opponent Nos. 4 and 5 jointly and severally. The appellant before this court is the original opponent No. 5. 2. Two vehicles bearing Nos. MH 34 -M 6271 and MH 26 -H 6832 were involved in an accident, which occurred on 17.11.2009 on Wani -Yavatmal Road. Deceased was cleaner on truck bearing No. MH 26 -H 6832. While the truck bearing No. MH 34 - M 6271 was proceeding ahead, the truck bearing No. MH 26 -H 6832 coming from behind dashed against the truck ahead of it. Deceased sustained fatal injuries and died, which resulted in lodging the claim by the legal heirs of deceased under section 166, inter alia, under section 140 of the Act for award of compensation on the basis of 'no fault liability'.

(3.) AGGRIEVED by the impugned order, the original opponent No. 5, with whom the truck bearing No. MH 26 -H 6832 was insured, filed this appeal.