1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6504 OF 2008 1] Sk. Parveen w/o. Sk. Karim Age 21 years, Occ. Household, R/o. Kadarabad Plot, Parbhani, Tq. and Dist. Parbhani. 2] Shafiyabee w/o. Sk. Kabit Age 46 years. Occ. Household R/o. as above. .. petitioners Versus 1] Maroti S/o. Shankar Chavan Age Major, Occ. Business, R/o. Krushi Nagar, Near Parsawat Nagar, Parbhani, Tq. and Dist. Parbhani. 2] United India Insurance Co. Ltd., through its Branch Manager, Dayawan Complex, Station Road, Parbhani. .. Respondent. --- Mr. Sachin Deshmukh, Advocate for petitioner. Mr. S.G. Chapalgaonkar, Advocate for respondent No.2. CORAM : B.R. GAVAI, J. DATE : 14th July, 2009. ORAL ORDER :- 2 1] Rule. Rule made returnable forthwith. Heard by consent. By way of present petition, the petitioner impugns the order dated 24/6/2008 vide which the hearing of the application filed by the present petitioner for no fault liability under Section 140 of the Motor Vehicles Act has been deferred by the learned Tribunal. 2] The petitioner has filed a claim petition claiming possession as the husband of the petitioner No.1 and who is the son of the respondent No.2 had died in an accident on 12th July, 2007 in an auto which met with an accident with one truck. . Alongwith the main claim petition, an application under Section 140 of the Motor Vehicles Act was also filed. The hearing of the same is deferred on the ground that the owner of the truck which was involved in the accident has not been impleaded as party respondent. 3] Perusal of Section 140 reveals that the claimant is entitled to claim no fault liability from the owner of the vehicle which was involved in an accident or from the owners of the vehicle either jointly or severally. From the perusal of the record, at least, prima facie, it appears that the negligence that is attributed by the present petitioner is to the driver of the auto rikshaw. In that view of the matter, I find that the learned Tribunal has erred in deferring the hearing of the application. The provision of no fault liability under section 140 is to make immediate provision to the members of the family of the deceased or the disabled to come out of the trauma of accident without going into the question of the fault of the decease or the person disabled. 3 4] In that view of the matter, the impugned order dated 24/6/2008is quashed and set aside. The matter is remitted back to the learned Tribunal with a direction to decide the application under Section 140 filed by the present petitioner within a period of 1 month from today. . Rule made absolute in above terms with no orders as to costs. [B.R. GAVAI,J.] grt/-