Appellant has preferred this appeal against rejection of his application filed under section 140 of the Motor Vehicles Act by the Motor Accident Claims Tribunal, Guna praying for grant of compensation under no-fault liability.

Briefly stated, the facts of the case are that on 5.4.1993, an accident occurred with truck, owned by Babu Khan and driven by Iqbal Khan. In that accident, one Ghasilal has died. The truck was insured with respondents No. 3, the New India Insurance Company, Indore. First information report of the incident was lodged at P.S. Bajranggarh, District Guna. It was registered at Crime No 47/93.

The claimant/appellant filed a claim petition before the Claim Tribunal, Guna. In that claim petition, an application under section 140 of the Act was filed praying for compensation under no-fault liability. The claims Tribunal rejected the application on the ground that the claimant who is brother of deceased is not entitled to receive the claim.

Shri Prashant Sharma, learned counsel appearing for the appellant has placed reliance on a decision of the Supreme Court in AIR 1987 SC 1690 (G.S.R.T, Corporation, Ahmedabad v. Ramanbhai). He places specific reliance on par