1 fa 2220.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2220 OF 2010 Sharda W/o Late Prataprao Bhadane and others .. Appellants Versus Amol Ravindra Patil and another .. Respondents Shri A. S. Sawant, Advocate for Appellants. Shri A. B. Gatne, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 23RD MARCH, 2011. PER COURT : . This is an appeal filed by the original claimants. The claimants had filed a petition U/Sec. 166 of the Motor Vehicles Act, so also a petition U/Sec. 140 of the Motor Vehicles Act. The Tribunal partly allowed the application U/Sec. 140 of the M. V. Act directing the original opponent Nos. 1 and 2 to pay a sum of Rs. 25,000/- to the present appellants towards compensation on account of no fault liability. Feeling aggrieved thereby the claimants have filed the present appeal. 2 fa 2220.10 2. Shri Sawant, learned counsel for the appellants contends that, when it is proved that the deceased had died in the accident, then the Tribunal ought to have awarded Rs. 50,000/- towards no fault liability. There was no propriety to award only Rs. 25,000/-. According to the learned counsel, at this stage of deciding an application U/Sec. 140 of the Act, the Tribunal could not have decided the aspect of contributory negligence and as such, the Tribunal has committed an error in awarding only Rs. 25,000/-. 3. Shri Gatne, learned counsel for the respondent No. 2 submits that the appellants had failed to implead the insurer and the insured of the motorcycle and in view of that the Tribunal has passed the order which cannot be faulted with. 4. In an enquiry U/Sec. 140 of the M. V. Act on prima facia satisfaction about the accident the Tribunal has to pass the award and no detailed enquiry is contemplated as to whether the accident has been caused due to composite or contributory negligence. The provisions of Section 140 of the M. V. Act are meant to provide succour to the claimants and the family members of the deceased in an accident. The Tribunal at this 3 fa 2220.10 stage without evidence been recorded could not have come to the conclusion about the negligence of the deceased to the extent of 50%. In that view of the matter, I quash and set aside the impugned order and hold that the opponent Nos. 1 and 2 are jointly and severally liable to pay Rs. 50,000/- to the claimants towards compensation on account of no fault liability and shall pay the said amount within a period of two months from today. In default, they shall be liable to pay interest @ 12% per annum. 5. Shri Sawant, learned counsel for the appellants undertakes to add the insurer and the insured of the motorcycle which is also involved in the accident as a party to the claim petition U/Sec. 166. The Tribunal shall decide the claim petition U/Sec. 166 of the Motor Vehicles Act within a period of six months. The first appeal is accordingly disposed of with no order as to costs. [ S. V. GUJRANWALA, J. ] bsb/March. 11