Order 1

Order Details: Order on Exh.
Pdf Text: MACP No.426 of 2020
Application for compensation
under Section 140 of the Motor Vehicle Act, 1988
(for short ‘Act’) (liability without fault)
1. Perused application, reply of the insurer at Ex.12.
Opposite party No.1 Ex-Parte.
2. Heard argument of both side.
3. As per necessary ingredient of Section 140 Act.
I) Involvement of motor vehicle :- Here in the present
case as per evidence i.e. FIR, Spot Panchanama it is prima
facie proved that accident arose 23.07.2019 at about 02.45
a.m. on Vashi Turbhe Bridge, APMC Navi Mumbai. It is
contention FIR and plaint that, the applicant was driving
motor tempo bearing No.MH-06-BW-2128 in proper care
and caution and proceeded towards Vashi Market. When
he reached on the Vashi Turbhe Road where a one motor
truck bearing No.MH-43-Y-2577 was wrongly parked on
the middle of the Vashi Turbhe Road without any sign or
signal or parking light and any indication to the other
vehicles plying on the road. It is further stated that the
motor truck was not visible at the time of accident due to
the night time. The applicant saw the said truck only when
he reached near the truck then he immediately applied the
brake due to that accident occurred and applicant ans
others were injured in the said accident.
The FIR lodged by one Chetana Dhanraj Choudhary.
She has stated the fact that there was rash and negligent
driving on the part of this applicant who was driving the
tempo. She further stated that, though there was street
light on and there was place at the left side of the road to
proceed ahead but due to the rash and negligent driving of
the applicant the said tempo dashed to the back side of the
truck who was standing on the said bridge. One Sanket
Mhatre died in the said accident. Statement of truck driver
also recorded wherein he has narrated the same story of
FIR. The insurer also taken this defence in their reply and
denied the liability on the ground that there was no fault,
rash and negligence on the part of driver of said truck. The
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tyre of truck punctured and due tot hat said truck was
standing on same place.
Here from the said pleading and documentary
evidence it is prima facie proved that the accident occurred
between the standing truck and the tempo. However,
involvement of the said truck is prima facie proved in this
accident. It is needless to mention that, at this stage
deciding the liability u/S.140 it is not necessary to consider
and adjudicate due to whose fault this accident occurred. It
is only necessary to point out whether the alleged vehicle is
involved in this accident or not. Here this fact is proved.
ii) Resulted permanent disability :- From documents
i.e. FIR, Discharge Summary of Grant Government College
and Disability Certificate at list Ex.16 it is prima facie
proved that the applicant has suffered permanent disability
of 69%.
iii) Claim is against the owner and insurer of offending
vehicle, if such vehicle is insured for third party risk :- The
insurer not disputed that the truck was insured with it at
the time of accident for third party risk. As well as
Opposite Part No.1 not denied his ownership of the said
truck. However, both are liable to pay the compensation
jointly and severally under the No Fault Liability of Section
140 of said Act.
4. As per above discussion all necessary ingredient has
been proved thus applicant is entitled to get compensation
under no fault liability.
Pass following order
ORDER
1. Application Ex.2 stands allowed.
2. The opposite party and insurer shall jointly and
severally credit an amount of Rs.25,000/- (Rupees Twenty
Five Thousand only) through RTGS / NEFT mode in the
bank account of this Tribunal as per following details.
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Account Name MOTOR ACCIDENT CLAIMS TRIBUNAL MUMBAI
Account No. 00000040777482356
IFS Code. SBIN0030002
MICR Code. 400002273
3. The said amount shall be transferred by the
opponents in the bank account of this Tribunal within one
month from the date of interim order failing which the said
amount shall carry interest @7.5 % p.a. from today till its
realisation.
4. On deposit of the amount, Accounts Officer shall
transfer the said amount by way of RTGS/NEFT to the
Bank Account of the claimant(s) as per order on submitting
their bank account passbook photocopies duly verified by
their banker against proper identification by following the
procedure of Law and Rules.
(Rehmat K. Shaikh)
Member, CR-6,
Date : 18.03.2023 MACT, Mumbai
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