Depot Manager, Madhya Pradesh State Transport Corporation and Others vs Baniprasad Dattu Gour and Others

A.B. Palkar, J.—This appeal is filed against an order granting Rs. 15,000/- with costs to the claimants/petitioners as no fault liability u/s 92-A of the Motor Vehicles Act.

In this Court, Mr. Gowalkar, learned Counsel for appellants appeared. For respondents Mr. Lambat stated that now the claim petition has been decided and Rs. 60,000/- have been awarded including aforesaid amount of Rs. 15,000/-. The appeal is filed against the second order including the amount awarded towards no fault liability. It obviously means that negligence is said to have been proved.

So far as no fault liability is concerned, it was not necessary to prove anything and, therefore, argument of learned Counsel for appellants that no evidence has been recorded, is of no assistance to the appellants. The matter was decided on affidavits and when nothing was required to be proved and the amount was awarded forthwith in the absence of any negligence being proved by the driver of the motor vehicle, after considering the affidavit, the post-mortem notes and the circumstances, the learned Judge has rightly awarded Rs. 15,000/- by way of no fault liability out of which a sum of Rs. 5,000/- was released in favour of claimants/petitioners and remaining amount has been kept in fixed deposit. There is absolutely no substance in the appeal. It must, therefore, fail. Appeal is dismissed with costs.