Mumbai Court February 1994 Judgments

Rajkumari Najgarh and ors. Vs. Lajjaram Gupta and ors.

Court: Mumbai

Reported in: 1994ACJ953

S.K. Dubey and S.K. Chawla, JJ.1. Counsel heard.2. Petitioners challenge the order of the Claims Tribunal, whereby the amount of interim award was not awarded by the Claims Tribunal on the ground that in the criminal case filed in the Court of Judicial Magistrate First Class, Shivpuri, the trial court has discharged the accused, the driver of the truck in question, holding that the truck at the relevant time was in a stationary condition and, therefore, unless the order of discharge is set aside by the superior court, the claimants are not entitled for the compensation under interim award.3. In our opinion, the Claims Tribunal has exceeded in its jurisdiction. In case of no fault liability, the consideration whether the driver of the vehicle in question was negligent or not is irrelevant. That has to be decided after enquiry and at the time of final award. Prima facie there was material to demonstrate that the truck in question was involved in the accident and, therefore, on lodging of...