P.K. Misra, J.
1. Since these two appeals are directed against two similar orders, both of them are taken up together and are disposed of by this common judgment.
2. In both the matters, the Motor Accident Claims Tribunal rejected the applications of the claimant-appellant under Section 140 of the Motor Vehicles Act, 1988, for payment of compensation under no-fault liability, as envisaged in Section 140 of the Act. The Tribunal has observed that the names of the deceased had not been indicated in the FIR and the Final Form and as such, it was difficult on the part of the Tribunal to find out as to whether the deceased under both the cases had died on account of the accident in question.
3. After having heard the learned counsels for both parties and perused the lower Court records in both the cases, I am of the view that the orders of the Tribunal cannot be sustained. In a proceeding under Section 140 of the Motor Vehicles Act, the Tribunal is required to find out prima facie regarding an accident and the resultant death. Such a finding must necessarily be a finding on the materials on record and as such, the Tribunal was required to discuss in detail about the various materials available on record. In the present case on going through the post mortem report as well as the inquest report, prima facie, it appears that the death is due to the injuries sustained in a motor accident. The FIR itself indicates about the accident, and a reference has also been made to the connected P.S. Case number. Therefore, prima facie, there is no doubt that the death occurred on account of the accident. As such, keeping in view the intention of the legislature, it is a fit case where a sum of Rs. 50,000/- is payable to the claimant-appellant under Section 140 of the Motor Vehicles Act. This direction regarding payment is to be complied with by the Insurance Company as prima facie, it appears that the vehicle in question had been insured with the Insurance Company. It is made clear that in case it is established that death was not on account of the accident, the amount paid to the claimant-appellant shall be recoverable.
4. Subject to the aforesaid direction, both the appeals are disposed of. There will be no order as to costs.