YASH PAL Vs. BALDEV RAJ

JUDGEMENT

(1.) THIS petition, under Article 227 of the constitution of India, is directed against the order dated 2.12.2013 passed by the Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur in M.A.C. No. 172/6 of 2013, whereby the learned Tribunal has directed the petitioner, who is the owner of the vehicle to deposit a sum of Rs. 50, 000/ - on account of no fault liability.

(2.) THE facts in brief may be noticed. The claimants who are respondents No. 1 to 3 in this petition preferred a claim petition before the learned Tribunal along with which an application under Section 140 of the Motor Vehicles Act for award of interim compensation was preferred. It is pleaded that on 26.11.2009 at about 6:30 p.m., the mother of the claimants had died in a motor vehicle accident on account of the rash and negligent driving of the petitioner, who was coming on a scooter in a very high speed and hit their mother, who after prolong treatment unfortunately succumbed to her injuries. The petitioner who was arrayed as respondent No. 2 before the learned Tribunal below filed his reply, wherein the respondent No. 2 denied his liability and claimed that his scooter was not involved in the accident.

(3.) I have heard the learned counsel for the parties and have gone through the records of the case.