KEWAL RAM BASENA Vs. MOHAMMED SHAKIL

JUDGEMENT

(1.) This appeal, filed by the award dated 20.4.1995, passed by the claimants, is directed against the interim Motor Accidents Claims Tribunal, Balaghat in Motor Accident Claim Case No. 44 of 1994.

(2.) The facts of this case are that one Ramcharan, who was driving a vehicle, met with an accident on 5.6.1994. He died as a result of injuries suffered in that accident. Thereupon, the appellant Nos. 1 and 2, who are the parents of the deceased Ramcharan and appellant No. 3, who is sister of Ramcharan, filed a claim, before the Claims Tribunal, claiming that they are entitled to Rs. 65,000 (Rupees sixty-five thousand) together with the interest on account of the accident, which happened during the course of employment of the deceased Ramcharan. It is not in dispute that Ramcharan was an employee of Mohd. Shakil, the respondent No. 1 and the vehicle involved in the accident bearing registration No. CIR 37 was owned by him. This vehicle was insured with Oriental Insurance Co. Ltd., the respondent No. 2.

(3.) During the pendency of this claim, an application under section 140 of the Motor Vehicles Act, 1988 was made by the appellants, claiming that they are entitled to Rs. 25,000 (Rupees twenty-five thousand) by way of no fault liability. This application was resisted by the respondents.