HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. No. 285 of 2002 The New India Assurance Company Ltd through its Senior Divisional Manager, Divisional Office, Nainital Road, Haldwani District Nainital ………… Appellant Versus 1. Smt. Ganga Devi w/o Sri Pooran Chandra Joshi r/o Kathgharia P.O. Kathgharia, Haldwani Sri Pooran Chandra Joshi r/o Khatgharia, P.O. Kathgharia, Haldwani 2. Smt. Bhaga Jonoti w/o Sri Harsh Singh Janoti, r/o village Janoti Paledi, District Bageshwar ………. Respondents Sri R.B. Agarwal, Advocate for the appellant. Sri Rajesh Sharma for respondent no. 3 Dated: 9.1.2008 Hon’ble Rajesh Tandon, J. Heard Sri R.B. Agarwal counsel for the appellant and Sri Rajesh Sharma, counsel for the respondents. This is insurer’s appeal against the judgment and award dated 12.12.2002 passed by the Motor Accident Claims Tribunal, Nainital. Briefly stated respondents Smt. Ganga Devi and Sri Pooran Chandra Joshi have filed a claim petition before the Motor Accident Claims Tribunal, for grant of compensation on account of the death of Rakesh Joshi in a motor vehicle accident on 4.9.1999 involving Truck No. UP 01/3178 near Patli, District Nainital. The claimant alleged that at the time of accident the truck was being driven rashly and negligently. The opposite parties contested the claim petition and filed their respective written statements and denied the allegations made in the claim petition. Both the parties adduced evidence. The Claims Tribunal on the basis of the evidence on record has held that the accident had not taken place due to rash and negligent driving of the truck. Therefore, the claimants are entitled to get compensation only under section 140 of the Motor Vehicles Act under no fault scheme. Feeling aggrieved the present appeal has been filed by the insurance company. If it is proved that the death of any person has resulted from an accident arising out of the use of a motor vehicle the owner of the vehicle shall be liable to pay compensation in respect of such death as provided under sub section (2) of Section 140 of the Motor Vehicles Act. The accident and involvement of the truck in the accident and ownership by the respondent Smt. Bhaga Jonoti and its insurance with the appellant the New India Assurance Company Ltd; has been admitted by the appellant opposite party and as such the owner of the bus indemnified by the insurer is liable to pay statutory compensation of Rs.50,000/- to the claimant under no fault scheme of section 140 M.V. Act. The Claims Tribunal has awarded compensation under no fault scheme and as such no interference is required in the award passed by the claims Tribunal. I find no infirmity in the award passed by the Claims Tribunal and the appeal is dismissed with costs. (Rajesh Tandon J.) 9.1.2008 *Dhyani