KALABAI CHOUBEY Vs. RAJABAHADUR YADAV

JUDGEMENT

(1.) The appellants claimants had filed an application under S. 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act, for short), for the award of compensation initiating the proceedings arising out of an accident involving a motor vehicle, a tractor bearing registration No. C.P.W. 5418 wherein Chandrabhan Choubey had met his untimely death.

(2.) The Motor Accidents Claims Tribunal on a consideration of the evidence and the materials brought on record by the various parties had determined that the present appellants i.e. the wife and the children of the deceased were entitled to an amount of Rs. 25,000/- towards compensation on the basis of no fault liability from the owner/driver of the motor vehicle in question only; exonerating the Insurance Company on account of the violation of the terms and conditions of the insurance policy.

(3.) Accordingly, the aforesaid Tribunal granted an award of only Rs. 25,000/- under S. 110-B of the Act, specifying that the said amount be paid by the owner/driver of the offending motor vehicle tractor on the basis of "no fault liability" indicating that the said award was being given as contemplated under S. 140 of the Motor Vehicles Act, 1988. It was indicated further that claim of the claimants (present appellants) was rejected in its entirety as against the Insurance Company impleaded as the respondent No. 2.