ABHAYRAM Vs. SUMITRABAI

JUDGEMENT

(1.) BY the present appeal under Section 173 of the Motor-Vehicles Act, 1988, the owner and driver respectively of Motor Vehicle tractor No. M.P.G. 1342, have challenged the interim award of Rs. 15,000/- passed by the Claims Tribunal, Raipur in favour of the respondents, in exercise of powers under Sections 92A of the Motor Vehicles Act, 1939 (now repealed by the new Act).

(2.) THE impugned award has been challenged by the counsel appearing for the appellants, mainly on the ground that the Tribunal did not care to examine that the motor vehicle in question was not involved in the accident which resulted in the death of Raghunath. The counsel appearing for the appellants urged that in the claim petition itself there is no clear averment that there had been any collision of the deceased with the tractor and the Claim Tribunal without holding any enquiry and coming to a final conclusion on the same could not have passed the interim award on the basis of no fault liability. The argument of the counsel for the appellants is that the death having not taken place as a result of any collision with the tractor belonging to the appellants, there was no question of fastening any liability on the basis of no fault under Section 92A of the Motor Vehicle Act (repealed).

(3.) THE learned Counsel for the respondents also urged that the Claim Tribunal is holding that the tractor was involved in the accident took into account the relevant matter, such as the first information report lodged in the police station and the post mortem report of the body of the deceased Raghunath.