Interim Order 1

Order Details: Order on Exh.
Pdf Text: BEFORE THE MOTOR ACCIDENT
CLAIMS TRIBUNAL, MUMBAI
ORDER BELOW EXH.2
In MACP No.837 of 2021
1. The applicant sought interim relief u/S. 140 of Motor
Vehicles Act,1988 for the injuries sustained in the motor
vehicular accident occurred on dated 24.05.2020.
2. Perused the application. Opposite party remained
absent. Insurer filed its Written Statement Ex.11 on record
and objected to pass the order.
3. At this initial stage, only points required
consideration of the Tribunal are involvement of vehicle in
the accident, injuries sustained to applicant in the accident
and insurance coverage of the offending vehicle. From the
documentary evidence, it is prima facie appears that
applicant sustained injuries in the accident. The documents
i.e. certified copies of FIR, Statement, Spot Panchanama,
Final Report and insurance policy to support the claim of
applicant. Applicant has also filed Injury Certificate and
original disability certificate to prove injuries and
disability.
4. At the same time considering social purpose to
provide minimum financial help in the form of interim
compensation to the victim of accident, liability is created
u/s. 140 on the basis no fault. Admittedly, at the time of
accident offending vehicle was owned by opposite party
and it was insured with insurer. Considering above facts,
this Court is of the view that opposite party and insurer are
-- 1 of 2 --
jointly and severally liable to pay compensation amount to
applicant on the principle of No Fault Liability. Hence, the
following order.
ORDER
1. Application Ex.2 stands allowed.
2. The opposite party and insurer shall jointly and
severally credit an amount of Rs.25,000/- (Rupees Twenty
Five Thousand only) through RTGS / NEFT mode in the
bank account of this Tribunal as per following details.
Account Name MOTOR ACCIDENT CLAIMS TRIBUNAL MUMBAI
Account No. 00000040777482356
IFS Code. SBIN0030002
MICR Code. 400002273
3. The said amount shall be transferred by the
opponents in the bank account of this Tribunal within one
month from the date of interim order failing which the said
amount shall carry interest @7.5 % p.a. from today till its
realisation.
4. On deposit of the amount, Accounts Officer shall
transfer the said amount by way of RTGS/NEFT to the
Bank Account of the claimant(s) as per order on submitting
their bank account passbook photocopies duly verified by
their banker against proper identification by following the
procedure of Law and Rules.
(Rehmat K. Shaikh)
Member, CR-6,
Date : 21.12.2022 MACT, Mumbai
-- 2 of 2 --