The involvement of the vehicle in the accident is sufficient to establish liability for compensation under Section 140 of the Motor Vehicles Act, and negligence need not be proved.

1. This appeal is against the order dated 26.7.2001 passed in Claim Case No. 2 of 1999 by the Motor Accidents Claims Tribunal, Bilaspur, Link Court, Pendra Road whereby the application for interim award under Section 140 of the Motor Vehicles Act has been rejected on the ground that truck driver/owner have not been imp-leaded as party respondent.

2. Briefly stated, the facts are that on 14.6.1998 the husband of appellant No. 1, namely, Suresh Verma along with his relatives was travelling in a jeep bearing No. M.P. 26 E 0781 belonging to the respondent No.1 and insured by respondent No. 3. The said vehicle met with an accident on the way near village Keonchi on account of head-on collision with an unidentified truck coming from the opposite direction. The jeep was badly damaged and Suresh Verma received serious head injuries and ultimately succumbed to the injuries on 19.6.1996. The offending truck fled from the spot.

3. Learned counsel for the appellants submits that the accident had occurred and the person had lost his life. It is submitted that the report was not written as the jeep driver has lodged the report. It is not in dispute that the person was in the jeep and for having tea and tiffin, the vehicle was parked where sufficient space was available and it will be subject-matter of evidence. The claim has been denied on the ground that the jeep driver is not responsible and the owner/driver of another truck because of which the accident occurred was not made as party. It is stated that the offending truck had run away.

4. Learned counsel for the appellants has placed reliance on a decision of the M.P. High Court in Shankar Bhai v. Abdul Aziz, and Another-1 where it has been held that the award of interim compensation may be passed against one owner of vehicle involved in accident and the owner of another vehicle also involved in accident need not be impleaded. The mere involvement of the vehicle in accident is sufficient and there is no question of adjudging negligence on the part of the driver.

1. 1991 ACJ 704

5. In the instant case we are concerned with the liability of Section 140 of the Motor Vehicles Act. It is relevant here to quote the provisions of Section 140 of the Motor Vehicles Act, which reads as under:

"140. Liability to pay compensation in certain cases on the principle of no fault.--(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall or as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.

(2) The amount of compensation which shall be payable under Sub-section (1) in respect of the death of any person shall be a fixed sum of fifty thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of twenty-five thousand rupees.

(3) In any claim for compensation under Sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owners of the vehicle or vehicles concerned or of any other person.

(4) A claim for compensation under Sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.

(5) Notwithstanding anything contained in Sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liabl