KAMLA BAI Vs. BHANWAR SINGH

JUDGEMENT

(1.) The appellants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for convenience) against the order dated 21.4.1999 passed by the Third Additional Member, Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 61 of 1998 whereby the learned Member rejected the application moved under section 140 of the Act for payment of interim compensation on the principle of 'no fault liability'.

(2.) The short submission of the learned counsel for the appellants is that the appellants are the legal representatives of the deceased Karulal and learned Member of the Tribunal has failed to hold an inquiry and has also failed to provide opportunity to lead evidence to the effect that the appellants are the legal representatives of the deceased Karulal and thus, wrongly rejected the application without holding an inquiry.

(3.) The learned counsel for the appellants also placed reliance on the judgment of the Supreme Court in the case of Shivaji Dayanu Patil V. Vatschala Uttam More, 1991 ACJ 777 (SC), wherein it has been held that for awarding compensation under section 92-A of the Act, the Claims Tribunal is required to satisfy itself in respect of the following matters: