MAHAVEER PRASAD Vs. MANMOHAN

JUDGEMENT

(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act, 1939 (No. IV of 1939) (here in after referred to as 'the Act') is directed against the order dated August 5,1985 passed by the Motor Accidents Claims Tribunal, Churu ('the Tribunal' here in) under Section 92 -A of the Act.

(2.) THE claimants, who are respondents Nos. 1 and 2 filed claim for compensation as the death of Ashok alias Tappu has resulted from an accident which took place on May 5,1984 by Truck No. RJI 3382 in the way -Sujangarh to Salasar. In the claim under Section 110 -A, a sum of Rs. 5,82,000 was claimed. An application under Section 92 -A of the Act for ordering payment of a sum of Rs. 15,000/ -. The Tribnnal, by its order dated August 5, 1984, ordered that a sum of Rs. 15,000/ -be paid as compensation on the principle of 'no fault'. As the amount of Rs. 15,000/ - was ordered to be paid by the owner -appellant, who was also the driver of the truck, he has filed this appeal praying that the Tribunal should have ordered for the payment of the aforesaid sum by respondent No. 3 United Insurance Company Limited, Madras ('the Insurance Company' here in).

(3.) I have heard Mr. P.R. Choudhary for the appellant and Mr. Rajesh Balia for respondent No. 3.