Interim Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EXH.2 IN M.A.C.P. NO.292 OF 2020
1. Read the application and say of the opposite party.
Heard learned Advocate for claimants. Perused the record.
2. Contention of the claimants that Maya Suhas
Maladkar died in vehicular accident dated 24.11.2019 due to
rash and negligent driving by offending vehicle BEST bus
No.MH-01-AP-0247 have been supported by the copy of FIR,
Spot panchnama, inquest panchnama and postmortem report.
The certificate of registration shows that the offending vehicle is
owned by the opposite party. The defences raised by the
opposite party will have to be considered at the time of decision
of claim-petition on merits and it is not necessary to go into
those details at this stage as the claim for interim compensation
u/Sec. 140 of M. V. Act is based on the principle of No Fault.
Claimants being the husband and minor daughter of deceased,
they are entitled for the amount of interim compensation from
the opposite party. Hence, I pass the following final order.
ORDER
1. Application Exh. 2 is allowed.
2. The BEST Undertaking is directed to pay, interim
compensation of Rs.50,000/- (Rupees Fifty Thousand Only) to
the claimants, on the principle of No Fault, within a period of
30 days from today, failing which it shall pay simple interest
@7.5% p.a. to the claimants from the date of this order till its
complete realisation.
3. The amount of interim compensation if deposited as
above, Rs.25,000/- be invested in the name of minor claimant
No.2 in any Nationalized bank till she attains the majority and
Rs.25,000/- be paid to the claimant No.1 by Account payee
cheque, as per rules, on due verification.
Dt.06.10.2021 (S. K. Choudante)
Uvg/- Member, C. R. No.4,
MACT, Mumbai.
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