Order 1

Order Details: Copy of Decree
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ORDER BELOW EX.2 IN MACP NO.331 OF 2022
Heard both sides. Perused the application and documents.
The Opposite party proceeded Ex-parte. The Insurer has filed
its written statement below Exh.13. The defence of Insurer is
that there is breach of terms and conditions of Insurance policy
as the offending vehicle was driven without a valid and effective
driving license. However, the offending vehicle was insured at
the time of accident.
2. The accident was occurred on 05.11.2021 when the
applicant was along with his sister proceeded on Motorcycle, at
that time the offending Motor Scooter No.MH-48-AN-4427
gave dash to him and he sustained injuries.
3. 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.
4. 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.
5. In the present case also, through the police papers, the
applicant has shown nexus between Motor Scooter No.MH-48-
AN-4427 involved, accident occurred and partial permanent
disablement of 52% sustained by the applicant. As per copy of
Insurance policy, the offending vehicle was insured with
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Insurance company. Hence, this application deserves to be
allowed and pass following order.
ORDER
1. Application Exh.2 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 the
interim compensation shall carry interest at 7% p.a. from the
date of order till realization of the amount.
3. Opposite party and/or 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.
(M.S.Agarwal)
Member, C.R. 8
Date : 16.01.2024 MACT, MUMBAI
ms*
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