PIYARE LAL Vs. SHEIKH MEHMOOD

JUDGEMENT

(1.) This appeal is by the claimants against an order rejecting their application made under section 140 of the Motor Vehicles Act for grant of compensation on the principle of no fault liability during pendency of their main claim petition. The impugned order is dated 18.8.99, passed by XIV M.A.C.T., Indore, in Claim Case No. 61 of 1998. Facts lie in a narrow compass.

(2.) One Shyama Bai died on 22.6.1998 in an accident. The appellants are the legal representatives of late Shyama Bai. These appellants then filed a claim petition against the respondents claiming compensation under various heads as recognised under the Motor Vehicles Act. The appellants also applied under section 140 of Motor Vehicles Act claiming interim compensation on the principle of no fault liability from the respondents. Both, main claim petition as also the interim claim application were founded on the allegations that the offending vehicle in question bearing No. MP 12-B 1147 was owned by the respondent No. 2 and driven by respondent No. 1. It was insured with the respondent No. 3. It was further averred that the accident was the result of rash and negligent driving of the respondent No. 1 and hence, the appellants (claimants) are entitled to claim a statutory fixed compensation on the principle of no fault liability apart from the compensation under various other heads depending upon the evidence led on merits.

(3.) The respondents denied their liability and contended that, prima facie, it is not established that the vehicle in question was involved in an accident. On this pleading, it was contended that no liability of any nature including even on the principle of no fault liability can be fastened on any of the respondents.