JHAMMABAI Vs. POORANLAL BAIRAGI

JUDGEMENT

(1.) FINAL arguments heard with the consent of learned counsels for parties. Claimants appellants filed an application under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act' for short), claiming compensation on the principle of no fault liability on account of death of deceased Laxman, son of appellants No. 1 & 3 and brother of appellant No. 2. The said application has been dismissed by the learned Claims Tribunal on the ground that the deceased was not identified.

(2.) IT was averred by the claimants appellants that on 5.11.2000, deceased Laxman was travelling by the offending truck MP 20 G 3091. The said truck met with an accident resulting in fatal injuries to Laxman. The respondent No. 1 was the driver of the said vehicle while respondent No. 2 is its owner. The said vehicle was insured by respondent No. 3. The learned claims Tribunal rejected the said application under section 140 of the 'Act' holding that it was not satisfactorily established that the deceased was Laxman.

(3.) IN the foregoing circumstances, there is prima facie material to hold that the deceased was Laxman who died in motor accident as averred by the claimants appellants. Therefore the learned. Tribunal erred inrejecting the prayer of claimants appellants under section 140 of the Act.