BHOLA RAM Vs. MOHAMMAD IQBAL KHAN

JUDGEMENT

(1.) APPELLANT has preferred this appeal against rejection of his application filed under Section 140 of the Motor Vehicles Act by the Motor Accidents Claims Tribunal, Guna, praying for grant of compensation under no fault liability.

(2.) BRIEFLY stated the facts of the case are that on 5. 4. 1993, an accident occurred with truck, owned by Babu Khan and driven by Iqbal Khan. In that accident, one Ghasilal had died. The truck was insured with respondent No. 3, the New India Assurance Co. Ltd. , Indore. F. I. R. of the incident was lodged at P. S. Bajranggarh, District Guna. It was registered as Crime No. 47 of 1993.

(3.) THE claimant/appellant filed a claim petition before the Claims Tribunal, Guna. In that claim petition, an application under Section 140 of the Act was filed praying for compensation under no fault liability. The Claims Tribunal rejected the application on the ground that the claimant who is brother of deceased is not entitled to receive the claim.