AMITA BAGHI Vs. TEJWINDER SINGH ALIAS TEJI

JUDGEMENT

(1.) One Sunil Baghi, owner of Maruti Car NLV 103 died as a result of accident, which involved Maruti Van No. PB-05-222 7/07/1992. The widow of two minor sons of the deceased filed a claim petition in the Motor Accident Claims Tribunal, Ferozepur. Inter alia, a prayer was made in the claim petition for the grant of Rs. 25,000.00 on account of 'no fault liability' under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). The aforesaid prayer having been opposed by counsel appearing for the owner of the Maruti Van, the learned Tribunal directed the owner of the Maruti Van to deposit Rs. 12,500.00- under Section 140 of the Act. Aggrieved by the order, the claimants have preferred this appeal.

(2.) A preliminary objection has been taken by learned counsel appearing for the owner of the Maruti Van, namely, that the appeal is not competent. His further stand is that the impugned order is justified in view of the decision by a Division Bench of this Court in Shamsher Singh v. Gurnam Singh, FAO No. 682 of 1989 decided on 4/09/1989.

(3.) We have heard Mr. Ravinder Chopra for the appellants and Mr. R. S. Aulakh for respondent No. 1. Two questions arise :