Interim Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.2 IN MACP NO.982 OF 2020
1. Heard both sides. Perused the application, written
statement of the insurer on Ex.10 and the entire record.
2. If death of any person has resulted from accident
arising out of use of the vehicle, then claimants without
pleading neglect or default of anybody can get
compensation under section 140 of Motor Vehicles Act,
1988.
3. While granting such relief, it is to be seen that there is
nexus between vehicle involved, accident occurred and the
death caused due to accident injuries sustained by the
victim in vehicular accident.
4. In present case also, applicants have shown nexus
between vehicle [M/Tanker bearing No.TN-28-BB-5698]
involved, accident occurred and cause of death of the
deceased. The insurer has admitted the insurance cover of
the offending vehicle at the time of accident in para no.5 of
it's written statement Ex.10. The defences taken by the
insurer cannot be considered at this stage. Copy of valid
insurance policy is on record which shows that the
offending vehicle was insured at the time of accident.
Therefore, I pass following order.
ORDER
1. Application is allowed.
2. Opposite party and insurer do pay jointly and
severally Rs.50,000/-(Rupees Fifty Thousand Only) to the
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applicant only within one month from today, failing which
the interim compensation shall carry interest at 7% p.a.
from the date of order till realisation of the amount.
3. The opposite party and/or the 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
CLAIM TRIBUNAL
MUMBAI
Account No. 00000040777482356
IFS Code SBIN0030002
MICR Code 400002273
4. On such deposition of the amount, Rs.30,000/-
along-with interest thereon be paid to the applicant no.1 &
Rs.5,000/- each along-with interest thereon be paid to
applicant nos.2 to 5, by NEFT/RTGS, on submitting their
bank account passbooks photocopies duly verified by their
bankers and against proper identification by obtaining
acknowledgment thereof on payment of deficit court fees, if
any.
Dt.20.06.2023 (S.B.Munde)
Member,
MACT, MUMBAI
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