Full Judgment
G. Radhakrishna Rao, J.
1. On 11.5.1984 at about 11 p.m. at Bodhan, the accident took place. In that accident, the husband of the 1st appellant and the father of the appellant No. 2 died. The appellants' case is that the lorry driver drove the vehicle rashly and negligently as a result of which the scooterist died. The respondents' case is that PW 3 who was a direct witness to the accident stated in a report given to the police that the deceased was driving the scooter at a high speed in wrong direction. The burden is on the claimants and unless and until the burden has been discharged by the claimants, they cannot rely upon the fact of non-examination by the respondents or the inconsistent statements made by the respondents. The lower court took into consideration the evidence of PW 3. At the time when PW 3 was examined, it came to light that he is a person who gave the F.I.R. When records have been sent for from the criminal court and when they have been perused after admission as Exhs. B- l to B-4, it has come to light that PW 3 is a class I liar and he gave inconsistent versions in the evidence on oath in the court merely to see that the claimants may get some amount. It is a case where the Tribunal ought to have taken steps for prosecution of PW 3 for giving false evidence on oath. But, however, on perusing the Exhs. B-l to B-4 which are marked by consent and the evidence of PW 3, the court finds that there is no case made out to prove that the lorry driver is at fault and he drove the vehicle rashly and negligently. When the finding on the material on record is that the driver was not at fault, the question of considering the plea of contributory negligence does not arise due to the inconsistent versions given by PW 3. Under these circumstances, the question of granting compensation to the claimants does not arise and the finding of the lower court is correct. However, under the no fault liability, the insurance company is liable to pay some amount. The accident took place on 11.5.1984 that is prior to the amendment and the liability is fixed at Rs. 15,000/-. So, the claimants are entitled to Rs. 15,000/- from the insurance company along with interest at the rate of 12 per cent per annum from the date of filing of this petition till the date of payment. Out of that amount, Rs. 10,000 and entire interest can be withdrawn by the major, that is the appellant No. 1 and another Rs. 5,000/- be kept in a fixed deposit and the interest and the principal amount of Rs. 5,000/- be given to the appellant No. 2 after her attaining majority. The C.M.A. is partly allowed. No costs.