ANJANI Vs. ACHENNA

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the impugned award dated 15.10.1999 in Claim Case No. 10/1999 by Seventh Additional Motor Accidents Claims Tribunal, Raipur, whereby the application of the claimants appellants under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act for short) was allowed and an interim award of Rs. 25,000/ on the principle of no fault liability was passed.

(2.) THE learned tribunal observed that the respondents are liable to pay compensation under section 140 of the Act on the principle of no fault liability. However, it was observed that since the owner and the insurance company of the other truck being driven by the deceased have not been made parties, the respondents can only be directed to pay half the amount of Rs. 50,000/ , prescribed under section 140 of the Act.

(3.) THE contention as above appears to be justified. The respondents are jointly and severally liable for payment of the interim award under section 140 of the Act on the principle of no fault liability. Accordingly, this appeal is allowed and it is directed that instead of Rs. 25,000/ as ordered to be paid by the Tribunal by the impugned award, an amount of Rs. 50,000/ (Rupees Fifty Thousand Only) shall be payable by the respondents jointly and severally to the claimants appellants.