MADHAV Vs. MOHAMMAD ALI

JUDGEMENT

(1.) This is an appeal challenging the order dtd. 25/3/2022, passed by the Motor Accident Claims Tribunal (Tribunal), Kelapur, Yavatmal, in an application under Sec. 140 of the Motor Vehicles Act, 1988 (M.V. Act) in Motor Accident Claim Petition No.51 of 2017.

(2.) The Appellant is the Claimant, who has filed the Motor Accident Claim Petition No.51 of 2017 before the M.A.C.T. Kelapur under Sec. 166 of the M.V. Act, 1988 for grant of compensation of Rs.5.00 lakhs for the injuries and permanent disablement caused to him due to the accident between the tractor trolly in which he was travelling and a truck which came and hit the tractor trolly from behind. It is claimed by the Appellant that he sustained grievous injuries over his body and has become permanently disabled. That he has lost his working and earning capacity, and therefore, the claim petition. In the claim petition, the Appellant had made an application under Sec. 140 of the M.V. Act seeking compensation of Rs.25,000.00 under the principle of "No Fault Liability. " Vide its order dtd. 25/3/2022 impugned in this appeal, the tribunal on the basis of prima facie findings that at the time of the accident, the offending truck was driven by a cleaner, who was not possessing a valid license to drive the truck, held that the truck owner but not the Insurance Company was liable to pay Rs.25,000.00 to the Appellant.

(3.) Being aggrieved by the exoneration of the Insurance Company, the Appellant has filed this appeal on the grounds mentioned therein.