Order 1

Order Details: Copy of Decree
Pdf Text: ORDER BELOW EX.2 IN APPLICATION NO.1044 OF 2020
1. The present application has been filed for claiming compensation U/s.140 of
the Motor Vehicle Act 1988 on no fault basis on account of death of the deceased
Ramakanta G. Behera, who died in the accident dated 25.07.2008, involving Auto
Rickshaw No.MH02SA4105.
2. The Opposite Party is absent. Insurance company has not filed its
Written Statement but it is admitted by the advocate of the Insurance Company
that the offending Auto Rickshaw No.MH02SA4105 was validly insured with the
Insurer on the date of accident.
3. Perused the documents filed on record like certified copies of FIR, Police
Statement, Crime Detail Form/Spot Panchanama, Inquest Panchanama, Provisional
Certificate of Cause of Death and copy of Insurance Policy along with List (Ex.14).
4. Heard learned advocates for the applicants and the 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 claimants are 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. 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.
6. Bearing in mind, the aforesaid principles and relying in the documents
available on record, I find no difficulty holding that applicants are entitled for the
compensation of Rs.50,000/ on no fault basis for the death of the deceased caused
-- 1 of 2 --
in an accident. Accordingly, I pass the following order :
ORDER
1. Application is allowed.
2. Opposite Party and Insurer do pay jointly and severally a sum of
Rs.50,000/ (Rupees Fifty Thousand Only) to the applicants on account of NFL
within a period of one month from the date of this order, failing which they
shall pay interest on the said amount @ 7.5% p.a. from the date of order, till
realization of the amount.
3. Out of the aforesaid amount, Rs.20,000/ each be paid to the applicants
No.1 and 2 parents of the deceased and Rs.10,000/ be paid to the applicant
No.3 brother of the deceased by account payee cheques on due identification
and verification.
4. The applicants shall pay deficit court fees, if any.
(Dr. Srishty Neelkanth)
Member, C.R. No.3
Date : 17.11.2021 MACT, Mumbai
-- 2 of 2 --