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Judgment
J.V. Gupta, C.J.—This petition under Article 227 of the Constitution of India is directed against the order of the Motor Accidents Claims Tribunal, Faridabad, dated 4.4.1989 whereby a sum of Rs. 15, 000/- was allowed to the claimants under ''no fault liability'' as provided u/s 92-A of the Motor Vehicles Act.
The only argument raised on behalf of the petitioner is that the tractor was not in use at the time of accident and, therefore, the said provision could not be invoked. After hearing the learned Counsel for the parties, I do not find any merit in this petition. This is the defence taken by the tractor owner that though the accident had taken place but his tractor was not in use and was standing. The said matter will be decided in the claim petition but at this stage, when the accident is admitted, the claimants are entitled to a sum of Rs. 13, 000/- under ''no fault liability'' as contemplated u/s 92-A of the Motor Vehicles Act. Consequently, this petition fails and is dismissed.