ORDER

1. This misc. appeal by the appellant/Insurance Company u/S. 173(1) of the Motor Vehicles Act, 1988 is arising out of the Award dated 22.7.2019 passed by Fourth Motor Accident Claims Tribunal (in short "the Claims Tribunal") Bhind (M.P.) in MACC No. 32/2017, whereby the Claims Tribunal has awarded compensation in favour of claimant/respondent No.1 to the tune of Rs.84,300/- with interest from the date of filing of claim petition till its realization.

2. Brief facts of the case are that on 23.11.2017 at 02:45 PM, claimant Padamchandra was going to his shop with his son Ashok Kumar Jain and when they reached Makhan Bhog Hotel, a motorcycle bearing Registration No.MP30-MC-1444 being driven at high speed in rash and negligent manner, came from behind and hit him due to which, he sustained injuries. On the basis of report of aforesaid accident, police registered an FIR. After completion of investigation and other formalities, police filed charge-sheet. Thereafter, claimant filed a claim case before the Claims Tribunal for seeking compensation.

3. During pendency of claim petition, the claimant filed an application for deleting name of Narendra Soni and in his place, brought Shivam Shivhare (respondent No.3 herein) in the claim petition.

4. Owner of offending vehicle- respondent No.1- Pankaj Yadav (respondent No.2 herein) submitted his reply to the claim petition and denied that any accident to the claimant was caused by his vehicle.

5. Newly added Shivam Shivhare (herein respondent No.3) submitted his reply to the claim petition and averred that he had no connection with alleged accident.

6. The Insurance Company also submitted its reply to the claim petition and denied all the claim averments.

7. The Claims Tribunal after framing the issues and taking evidence of both the parties, passed the impugned Award and recorded a finding that the Insurance Company and owner of the offending vehicle were liable to pay compensation to claimant.

8. Being aggrieved by the impugned Award, the Insurance Company filed the instant misc. appeal on the ground that the impugned Award passed by Claims Tribunal is contrary to law and facts, evidence and material available on record. It is further submitted that the Claims Tribunal has incorrectly decided Issue Nos.1 to 5 framed in claim petition. The Claims Tribunal did not give any finding that the alleged accident took place due to rash and negligence on the part of driver of motorcycle. Thus, the Claims Tribunal erred by saddling liability directly on the owner and the Insurance Company of motorcycle. He also submitted that the police registered FIR against Narendra Soni and filed charge-sheet against him and the Claims Tribunal in its finding also not found that Shivam Shivhare was driving the vehicle in rash and negligent manner due to which, the alleged accident occurred. So, the findings recorded by the Claims Tribunal in awarding compensation in favour of claimant deserve to be set aside.

9. On the other hand, learned counsel for respondent No.1/claimant supported the impugned Award and prayed for rejection of the appeal.

10. Heard learned counsel for the parties and perused the entire record.

11. Now, the moot question arises for consideration of this appeal that whether the claimant is entitled to get compensation from the Insurance Company and owner of the offending vehicle when the Claims Tribunal recorded a finding that the driver of offending vehicle was not found guilty.

12. Section 140 of the Motor Vehicles Act, 1988 read as under:-

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)