MANGLI DEVI Vs. GEETA DEVI & ANR

JUDGEMENT

(1.) Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant, owner of the vehicle seeks to quash the award dated 20.1.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur, whereby the learned Judge has awarded a sum of Rs. 27,000 out of the total claim of Rs. 5,50,000 as claimed by the claimant respondents.

(2.) I have heard learned Counsel for the parties and gone through the award sought to be quashed. Having gone through the award it appears that in the absence of there being any evidence, the learned Tribunal concluded that the claimants failed to prove that accident occurred on account of rash and negligent driving of vehicle No. RSG 9411 by its driver. In this view of the finding, the Tribunal did not award any compensation to the claimants. It appears that the claimants have not challenged the above finding arrived at by the learned Tribunal.

(3.) However, considering the provisions of Section 140 of the Motor Vehicles Act, the Tribunal awarded compensation as aforesaid on the basis of no fault liability. Since the owner of the vehicle in her reply has admitted the accident having taken place by her vehicle, the owner is liable to pay compensation in terms of Section 140 of the Motor Vehicles Act.