Interim Order 1

Order Details: Copy of Decree
Pdf Text: ORDER BELOW EX.2 IN APPLICATION NO.470 OF 2022
1. The present application has been filed for claiming compensation
U/s.140 of the Motor Vehicle Act 1988 on no fault basis on account of
death of deceased Dashrath, who died in the accident dated 29.12.2021,
involving Motor Truck No.MH-04-HD-2854.
2. The Opposite Party is absent. Insurance company has filed its reply
(Ex.16) and thereby confirmed the Insurance policy of the offending
vehicle.
3. Perused the documents filed on record like certified copies of FIR
along with Statement, Spot Panchnama, Memorandum of Postmortem
Examination Report and Insurance Policy along with List Ex.15.
4. Heard learned advocates for the applicants and the Insurer.
Section 140 of Motor Vehicles Act lies in very limited sphere. While
deciding application U/s.140 of the Act one has to ascertain ;
i) Whether the accident has arisen out of use of motor vehicle.
ii) Whether the said accident has resulted in permanent disablement
of the person who is making the claim, or death of the person whose legal
representatives are making the claim, and
iii) Whether the claim is made against the owner and Insurer of the
motor vehicle involved in the accident.
Once these factors are established prima facie, the claimant is
entitled to succeed in an application U/s.140 of the Act.
5. In the present case, the documents available on record indicate the
involvement of offending vehicle in the accident. The defences taken by
the Insurance company is a matter to be decided on the merit of the case,
but
prima facie, it appears that this vehicle was insured with the Insurer
at the relevant time. So, this implies that NFL amount can be granted in
this case.
6. Bearing in mind, the aforesaid principles and relying on the
documents available on record, I find no difficulty holding that applicants
are entitled for the compensation of Rs.50,000/- on no fault basis for the
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death of the deceased caused in an accident. Accordingly, I pass the
following order :-
O R D E R
1} Application is allowed.
2} The Opposite Party and Insurer do pay jointly and severally
Rs.50,000/- (Rupees Fifty Thousand Only) to the applicants within one
month from today, failing which the interim compensation shall carry
interest @7% p.a. from the date of order till realization.
3} The Opposite Party or the Insurer is directed to deposit the
awarded amount to the credit of the below stated bank account of this
Tribunal directly by NEFT/RTGS :-
Account
Name
MOTOR ACCIDENT CLAIMS
TRIBUNAL MUMBAI
Account No. 00000040777482356
IFS Code. SBIN0030002
MICR Code. 400002273
4} Apportionment order is as under:-
 Amount of Rs.5,000/- each be paid to the applicant Nos.2, 3 and 4
and remaining balance amount be paid to the applicant No.1 by
NEFT/RTGS.
5} On deposit of the amount, it be disbursed to the applicants by
NEFT/RTGS on submitting their bank account passbook photocopies
duly verified by their banker and against proper identification by
following the usual office procedure.
6} The applicants shall pay deficit court fees, if any.
(Dr. Srishty Neelkanth)
Member, C.R. No.3
Date : 21.02.2023 MACT, Mumbai
ms*
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