Interim Order 1

Order Details: Copy of Decree
Pdf Text: ORDER BELOW EX.2 IN APPLICATION NO.587 OF 2021
1. By this application under Section 140 of the M.V. Act, 1988, the
applicant has claimed compensation under no fault liability for the
injuries sustained by him in a vehicular accident on 26.11.2020 involving
Motor Tempo No.MH-04-GR-6904.
2. The Opposite Party is absent. Insurance company has filed its
Written Statement (Ex.13) and thereby denied all the averments made by
the applicant in the application. However, it is admitted that the alleged
offending vehicle was validly insured with it on the date of accident.
3. Perused the documents filed on record like certified copies of FIR
along with Statement, Spot Panchanama, Insurance Policy, original
Medical Papers and original Disability Certificate along with List Ex.7 &
Ex.16. The doctor has recommended 58% permanent partial disability.
4. Heard learned advocates for the applicant and 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 in the written statement 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.
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6. Bearing in mind the aforesaid principles and relying on the
documents available on record, I find no difficulty holding that the
applicant is entitled for the compensation of Rs.25,000/- on no fault basis
for the injuries sustained to the applicant in the 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.25,000/- (Rupees Twenty-Five Thousand Only) to the applicant within
one month from today, failing which the interim compensation shall carry
interest @7.5% 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. On deposit of the amount, it be disbursed to the applicant by
NEFT/RTGS on submitting his bank account passbook photocopies duly
verified by his banker and against proper identification by following the
usual office procedure.
5. The applicant shall pay deficit court fees, if any.
(Dr. Srishty Neelkanth)
Member, C.R. No.3
Date : 18.03.2023 MACT, MumbaiTSP*
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