SOMVATI Vs. SANTLAL KUSHWAH

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is finally heard.

(2.) Grievance raised by the appellants Smt. Somvati and others, who are claimants in claim case pending before the Second Motor Accident Claims Tribunal Gwalior, is against the order dtd. 9/8/2017 whereby the Claims Tribunal has dismissed the application under Sec. 140 of the Motor Vehicles Act, 1988. The reasons find mention in the order in the following terms: <IMG>JUDGEMENT_145_LAWS(MPH)11_2017_1.jpg</IMG>

(3.) It is contended on behalf of the appellants that the Claims Tribunal has failed to exercise the jurisdiction vested in it under Sec. 140 of the Act of 1988 by entering into the merits as regard to the age of the deceased, whereas the provisions of Sec. 140 of the Act of 1988 mandates that the liability to pay compensation on the principle of no fault.