RUNABAI Vs. MANNALAL

JUDGEMENT

(1.) Appellants-claimants have filed this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), against the award dated 5.3.2001, passed by the Member, Motor Accidents Claims Tribunal, Kukshi, District Dhar, in Claim Case No. 104 of 2000, whereby the Tribunal has rejected the application under section 140 of the Act, for grant of interim compensation under no fault liability, simply on the ground that the tractor in question was not in a running position, but it was standing, therefore, the application cannot be decided without evidence of the parties and listed the case for evidence.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) Submission of Mr. Jain, the learned counsel for the appellants, is that the learned Tribunal erred in dismissing the application, holding that the same cannot be decided without recording the evidence, because when the application is dismissed, no case is left for recording evidence on that application and his further submission is that the trial court has not considered the provisions of section 140 of the Act, which are applicable in a case of accident arising out of use of a motor vehicle or motor vehicles and has also not considered that the insurance company cannot take any defence, including as has been mentioned in section 149 (2) of the Act for grant of compensation under no fault liability.