Bhola Ram vs Mohammad Iqbal Khan and Others

Fakhruddin, J.—Appellant has preferred this appeal against rejection of his application filed u/s 140 of the Motor Vehicles Act by the Motor Accidents Claims Tribunal, Guna, praying for grant of compensation under no fault liability.

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.

The claimant/appellant filed a claim petition before the Claims Tribunal, Guna. In that claim petition, an application u/s 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.

Mr. Prashant Sharma, the learned Counsel appearing for the appellant has placed reliance on a decision of the Supreme Court in Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai and Another, He places specific reliance on para 11 of the decision. In this para it has been held that the brother of a person who dies in a motor vehicle accident is entitled to maintain a petition u/s 110A of the Act if he is a legal representative of the deceased. It has also been held that every legal representative who suffers on account of death of a person due to a motor vehicle accident should have a remedy for realisation of compensation.

Having heard learned Counsel for parties and having perused the material on record, in the opinion of this Court, the Tribunal was not justified in rejecting the application filed by the claimant-appellant who is real brother and placed material prima facie to show that he was dependent. In view of the decision of the Apex Court in Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai and Another, , the claimant is entitled to maintain the claim and accordingly entitled to no fault liability.

In the result, this appeal is allowed, the impugned order is set aside. It is held that the appellant is entitled to interim compensation under no fault liability with interest at the rate of 12 per cent from the date of application till realisation.

The appeal is allowed with costs. Counsel''s fee as per scale, if certified.