NASIR MOHAMMED Vs. RADHA DEVI

JUDGEMENT

(1.) THIS appeal, by appellant-Nasir Mohammed is against the order dated 10. 7. 1990, passed by Motor Accident Claims Tribunal, Merta, making an interim award in respect of a claim arising out of an accident which took place on 12. 3. 1987, on account of no-fault liability, arising under Sec. 92-A of the Motor Vehicles Act, 1939.

(2.) IT is contended by learned counsel for the petitioner that no fault liability under Sec. 92-A arises only against the owner or owners of the vehicle. The appellant Nasir Mohammed' was a Driver and not owner of the vehicle on the date when the accident took place. IT is also the findings of the Tribunal, that on the date of accident, the non petitioner Chuna Ram was owner of the vehicle involved in the accident. In that view of the matter, an award could not be passed against Nasir Mohammed and Chuna Ram jointly,on account of no fault liability.

(3.) IN this view of the matter, the award dated 10. 7. 1990, passed by Motor Accident Clams Tribunal, Merta, in Motor Accident Claims Case No. 73/87, so far it relates to appellant Nasir Mohammed, is set aside. The appeal is allowed accordingly.