THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL No.2080 of 2003 JUDGMENT: Aggrieved against the order and decree in MVOP.No.303 of 1998 dated 02.12.2002 passed by the Chairman, Motor Accidents Claims Tribunal-cum-First Additional District Judge, Srikakulam, the present appeal is filed by the apellants-claimants. Brief facts of the case are as follows: On 25.04.1996 at about 8.35 A.M. when the deceased Neelayya stopped the bus and informed the conductor that he was going to keep the luggage of green coconuts on the top of the bus, the driver of the bus, without confirming whether the deceased had got down from the top of the bus, negligently started the bus resulting in his falling down from the top of the bus and sustaining head injury. After due enquiry, the lower Court dismissed the claim of the appellants-claimants holding that the claimants failed to prove that the alleged accident occurred due to rash and negligent driving of the driver of the second respondent-Corporation. Learned Counsel for the appellants-claimants urged that the conduct of the driver of the offending bus for causing the accident would clearly show that he was negligent at the time of the accident and that the lower Court failed to appreciate the said factum. He further urged that on the report lodged by the driver of the offending bus, the police registered a case and, thereby conducted one-sided investigation and has not filed charge sheet. He urged that even though there is negligence on the part of the deceased, the lower Court ought to have awarded atleast compensation of Rs.50,000/- under Section 140 of the Motor Vehicles Act, 1988 (for short ‘the Act’) for ‘no fault liability’. The points for consideration are whether the judgment of the lower Court is sustainable and whether the appellants-claimants are entitled to any compensation. In the lower Court, the wife of the deceased was examined as PW.1 and another witness was examined as PW.2, a direct witness to the accident. The driver of the offending bus was examined as RW.1. During the course of evidence of RW.1, it was admitted that on 25.04.1996, he started the bus on the signal given by the conductor and, in the meanwhile, he heard cries that somebody had fallen under the rear wheel of the bus and found the deceased. It is an admitted fact that the accident occurred while the deceased was alighting the bus while it was in motion. The appellants-claimants did not file the charge sheet which is a material piece of evidence. The police did not file any charge sheet against the driver of the offending bus. Learned counsel for the appellants-claimants also did not satisfy the Court, the reasons for not filing of the charge sheet by the police. In the above set of circumstances, the fact remains that the deceased died in the motor accident and, therefore, the compensation under ‘no fault liability’ under Section 140 of the Act has to be granted. Accordingly, the appeal is allowed in part and an amount of Rs.50,000/- (Rupees Fifty Thousand Only) is granted to the appellants-claimants towards ‘no fault liability’. The said amount shall carry interest at 6% p.a. from the date of petition till the date of realization. K.S.APPA RAO,J Dt:04.02.2011 usd