Full Order Text
Interim Order 1 · 21 Apr 2025 · CNR MHMT010009112022
Order Details: Order on Exh. Pdf Text: ORDER BELOW EXH.2 IN APPLICATION NO.1038 OF 2022 Perused the application and written statement (Exh.10) filed by the opposite party. Heard Ld. Advocate for the applicant and Opposite party. 2. Applicant claims to have received injuries in a motor vehicular accident occurred on 18/01/2022 in which Motor Truck bearing No.MH-02-FG-3015 was involved. Case of the applicant is very well supported by documentary evidence such as certified copies of FIR, Spot Panchnama, Crime Details Form, Arrest Form, original hospital papers and Disability Certificate which fortify the contention of applicant. The injuries have prima facie resulted in her permanent partial disablement. 3. Defences raised by opposite party in its written statement can be considered at the time of final hearing of the petition and it is not necessary to go into those details at this stage as the claim for interim compensation under Section 140 of the Motor Vehicles Act is based on the principle of No Fault. All the ingredients of Section 140 of the M. V. Act thus, said to have prima facie proved. Hence, the following order:- ORDER 1. Application is allowed. 2. Opposite party do pay amount of Rs.25,000/- to the applicant on account of NFL, within two weeks from today, failing which the interim compensation shall carry interest @ 7% p.a. from the date of order, till realisation of the amount. -- 1 of 2 -- 3. Opposite party 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. IFSC MICR 00000040777482356 SBIN0030002 400002273 4. On deposit of the amount, it be disbursed to the applicant by NEFT/RTGS in her bank account in nationalised bank of her choice, against proper identification and by following the necessary office procedure, subject to payment of deficit Court fees, if any. 5. Costs in cause. [N. K. Brahme] CHAIRMAN Date : 21/04/2025 MACT, MUMBAI GDE -- 2 of 2 --
