Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.2 IN MACP NO.06 OF 2021
1. Heard both sides. Perused the application, written
statement of insurer Exh.14 and the entire record.
2. If permanent disablement of any person is resulted
from an accident arising out of use of the vehicle, then such
victim/claimant, without pleading neglect or default of
anybody, can get compensation under section 140 of Motor
Vehicles Act, 1988 from the owner and insurer.
3. While granting such relief, it is to be seen that there is
nexus between vehicle involved, accident occurred and the
permanent disability sustained by the victim.
4. In present case also, through the police papers, the
applicant has shown nexus between vehicle [M/Cycle
No.MH-47-AR-4367] involved, accident occurred and
partial permanent disablement of 48% sustained by the
applicant. The insurer has not denied the insurance cover
of the offending vehicle at the time of accident. Defence
taken by the insurer cannot be considered at this stage.
Copy of valid insurance policy is also on record showing
that the offending vehicle was validly insured with it on the
date of accident. Hence, this application deserves to be
allowed. Therefore, I pass following order.
ORDER
1. Application is allowed.
2. Opposite party and insurer do pay jointly and
severally Rs.25,000/-(Rupees Twenty Five Thousand Only)
to the applicant within one month from today, failing which
-- 1 of 2 --
: 2 :
the interim compensation shall carry interest at 7% p.a.
from the date of order till realisation of the amount.
3. The opposite party and/or the insurer is
directed to deposit the award sum to the credit of the bank
account of this Tribunal directly by NEFT/RTGS mode. The
details of the bank account of this Tribunal are as under:-
Account Name MOTOR ACCIDENT CLAIMS
TRIBUNAL MUMBAI
Account No. 00000040777482356
IFS Code SBIN0030002
MICR Code 400002273
4. On such deposition of the amount, an amount
of Rs.25,000/- along-with interest thereon be paid to the
applicant, by NEFT/RTGS, on submitting his bank account
passbook photocopy duly verified by his banker and against
proper identification by obtaining acknowledgment thereof
on payment of deficit court fees, if any.
Dt.09.01.2023 (S.B.Munde)
Member,
MACT, MUMBAI
-- 2 of 2 --