Jaspal Singh, J. - (1.) MANMOHAN Singh, appellant has filed the instant appeal feeling dissatisfied against award dated April 8, 1997 whereby the claim petition preferred by him bearing MACT No. 21 of 1995 was dismissed by the Motor Accident Claims Tribunal, Karnal (for brevity, 'Tribunal'). Briefly stated, the facts contained in the claim petition are that Veerawali, aged about 80 years died in a road accident which took place on December 21, 1994 when Bus No. HR -37 -1642 being driven by respondent No. 1 - Gopal Singh in a rash and negligent manner dashed into a truck bearing No. HNS -2855. FIR No. 758 dated December 21, 1994 was also registered against him under Sections 279 and 304 -A IPC. Subsequently, the claim petition was dismissed.
(2.) THE contention of learned counsel for the appellant while assailing the impugned award is that though the learned Tribunal rightly came to the conclusion and observed that the accident took place on account of rash and negligent driving of the offending bus by its driver Gopal Singh but at the same time failed to appreciate the well settled provisions of law that even if the claimant was not dependent but admittedly is her legal heir, he was entitled to a sum of 50,000/ - on account of no fault liability under Section 140 of the Motor Vehicles Act, 1988 (for short, 'the Act') but the learned Tribunal has not even granted the said relief and the observations in this regard deserve to be reversed. Before deciding the controversy involved in this appeal, it would be pertinent to mention here that in the instant appeal, notice of motion was issued for limited purpose vide order dated October 21, 1997 on the basis of the submission made on behalf of the appellant that the claimant was entitled to compensation under Section 140 of the Act. Appellant Manmohan Singh was admittedly not dependent upon Veerawali (deceased) and during the course of arguments, it also emerged that Veerawali had another son namely Bhagwant Singh but neither he filed any claim petition nor he opted to become a party to the claim petition preferred by Manmohan Singh who is admittedly one of the legal heirs of Veerawali (deceased). 6. Since it stands proved from the evidence available on file as well as the unchallenged findings that the death of Veerawali had occurred in a vehicular accident involving Bus No. HR -37 -1642, the appellant - claimant being the legal heir of deceased (Veerawali) is granted compensation to the tune of 50,000/ - on account of no fault liability under Section 140 of the Act, which shall be payable, jointly and severally, by the respondents. The order is made accordingly and the appeal stands disposed of.;