RAMMURTI AND ORS. Vs. MADHULIKA AND ORS.

JUDGEMENT

(1.) Heard submissions at the Bar. This appeal by legal representatives of the deceased victim of the Motor vehicle accident Ramprakash Mishra questions the legality of the impugned judgment and order dated passed by the Learned Member of the Motor Accident Tribunal, Nagpur in the proceedings of the Claim Petition No.415 of 1995. Under Section 140 of the Motor Vehicles Act the 'No fault" liability claim was made for compensation in the sum of Rs 25,000/. On 19121995 compensation was granted accordingly together with interest at the rate of 12% p.a. The insurer Company deposited the sum of Rs 29,750/. The Claim Petition No.415 of 1995 was dismissed and the Tribunal directed the refund of the amount from the claimants to the Insurer.

(2.) It is case of the appellants that the death of the deceased Ramprakash Mishra, aged about 45 years of age the business as stone crusher, had occurred as a result of the Motor vehicle accident when driver of the offending Truck registration No.MWY/7567, driving the same rashly and negligently caused the accident when the deceased Ramprakash was driving his scooter from Umrer towards Nagpur, the Truck gave him a dash. In the result Ramprakash fell down and went in coma as he was injured severely on his head. The injured was taken to the Central India Institute of Medical Sciences at Bajaj Nagar, Nagpur and received medical treatment till he succumbed to the injuries on 02111994.

(3.) It is submitted on behalf of the appellants that according to law under Section 140 of the Motor Vehicle Act, they were not obliged to plead and prove that the death of the victim of the accident was due to any wrongful act, neglect or default on the part of the Owner of the offending vehicle. The Tribunal ought not to have ordered refund of the amount paid or deposited towards 'no fault' liability.