HARSH MALIK Vs. MUNNA BURMAN

JUDGEMENT

(1.) The respondent Nos. 1 to 3 had filed an application under section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) for award of compensation in respect of an accident involving truck bearing No. MP 20-C 0058, resulting in the death of Bablu Burman, aged about 22 years, the son of respondent Nos. 1 and 2 and brother of respondent No. 3.

(2.) Respondent Nos. 1 and 3 filed an application under section 140 of the Act marked as LA. No. 1. In this application, it was contended that the death of Bablu Burman has resulted from an accident arising out of the use of motor vehicle, therefore, the appellant owner and insurance company are liable to pay the amount of Rs. 50,000 in respect of such death in the form of interim compensation for no fault liability.

(3.) The application was opposed by the appellant and the insurance company. It was stated by appellant that the deceased was not attended by respondent Nos. 1 to 3 and that after the accident the costs of the treatment of the deceased were borne by him. He also submitted that the vehicle was insured with respondent No. 4 and, therefore, respondent No. 4 is liable for the payment of the amount of compensation for no fault liability, as there was no breach of any condition of insurance policy on the part of the appellant.