RAMJAN ALI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is filed by the claimant against an award dated 25.11.1997 passed by Additional Member/ Judge, Motor Accidents Claims Tribunal, Sabalgarh in Claim Case No. 16 of 1997.

(2.) The facts of the case are that the claimant is a registered owner of truck No. MPJ 06-1989. He was driving the said truck on 18.9.1996. The truck tumbled from the bridge and fell in a river. Due to the said accident, appellant was injured and for compensation of the injuries sustained by him, he filed a claim petition before the Claims Tribunal.

(3.) Appellant-applicant filed an application under section 140 of the Motor Vehicles Act, for grant of interim compensation, on the ground of no fault liability. The said application is rejected by the impugned order. The Claims Tribunal rejected the application for grant of compensation under section 140 of Motor Vehicles Act (hereinafter referred to as 'the Act') by holding that since the claimant himself was driving the vehicle and was owner of the vehicle. There is no third party in the case and, therefore, he is not entitled to the compensation. This award is challenged by the claimant by filing the present appeal.