NITA SHANKARRAO SOMKUWAR Vs. MILIND SHANKARRAO SOMKUWAR

JUDGEMENT

(1.) Heard. By consent the matter is heard finally.

(2.) This appeal is directed against the order dated 21-1-1999 passed by the learned member of the Motor Accident Claims Tribuna, Nagpur in Claim petition No. 796/1997, rejecting the application filed by the appellant seeking compensation on the ground of no fault liability under section 140 of the Motor Vehicles Act, 1988 (In short, the Act).

(3.) Chandrabhagabai died as a result of an accident arising out of the use of motor vehicle i. e. scooter bearing Registration No. MH-31/r-5669. This scooter is owned by respondent No. 1, whereas it was being driven by respondent No. 2 on the relevant date and time. The scooter has been duly ensured with respondent No. 3 and the insurance is valid from 28-10-1996 till cancellation of the registration. The appellants are the legal representatives of the deceased in the sense that both the appellants are daughters of deceased Chandrabhagabai. Appellants have filed the claim petition under section 166 of the Act seeking compensation on the contentions that the respondents are jointly and severally liable to pay the same. The appellants also filed an application (Exh. 5) seeking relief of compensation on the ground of no fault liability which was rejected by the learned member of Motor Vehicles Claims Tribunal on 21-1-1999 on hearing the learned Counsel for the parties. This order is under challenge in the appeal.