SAVITRI BAI Vs. SANDEEP KUSHWAH

JUDGEMENT

(1.) HEARD learned counsel for appellants and learned counsel representing respondent No.2.

(2.) THE learned Claims Tribunal has rejected an application for interim award under section 140 of Motor Vehicles Act by the impugned order on the ground that the accident has occurred due to negligency of driver. The facts as narrated in the application are that on 18.10.98, deceased Davendra was driving Jeep No. MP02A/9191 which met an accident when a truck was crossing the same. The learned Claims Tribunal came to the conclusion that accident has occurred due to negligency of deceased and therefore, the claim petition itself is not maintainable. The question of awarding interim relief does not arise.

(3.) TAKING into consideration the facts and circumstances of the present case and the legal aspect as discussed hereinabove, this appeal is allowed and the impugned order is set -aside. It is directed that appellant is entitled to Rs. 50,000/ - as compensation under no fault liability. The respondent Insurance Co. is directed to pay the amount within a month.