Order 1

Order Details: Copy of Decree
Pdf Text: : 1 :
ORDER BELOW EX.2 IN MACP NO.1160 OF 2021
Heard both sides. Perused the application and documents.
The Opposite party proceeded Ex-parte. The Insurer has filed
its written statement below Exh.15 and denied all the averments
made by the applicant in the application.
2. The accident was occurred on 15.06.2021 while the
applicant was walking at her working place MSEDCL, Kharghar,
towards her residence, at that time offending Auto Rickshaw
No.MH-46-BP-0774 dashed her and accident occurred.
3. If permanent disablement of any person is resulted from
an accident arising out of use of the vehicle, then such
victim/claimant, without pleading neglect or default of
anybody, can get compensation under section 140 of Motor
Vehicles Act, 1988 from the owner and insurer.
4. While granting such relief, it is to be seen that there is
nexus between vehicle involved, accident occurred and the
permanent disability sustained by the victim.
5. In present case also, through the police papers, the
applicant has shown nexus between Auto Rickshaw No.MH-46-
BP-0774 involved, accident occurred and partial permanent
disablement of 51% sustained by the applicant. As per copy of
Insurance policy, the offending vehicle was insured with
Insurance company. Hence, this application deserves to be
allowed and pass following order.
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ORDER
1. Application Exh.2 is allowed.
2. 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 at 7% p.a. from the
date of order till realization 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 CLAIMS TRIBUNAL
MUMBAI
Account No. 00000040777482356
IFS Code SBIN0030002
MICR Code 400002273
4. On such deposition of the amount, an amount of
Rs.25,000/- along-with interest thereon be paid to the
applicant by NEFT/RTGS, on submitting her bank account
passbook photocopy duly verified by her banker and against
proper identification by obtaining acknowledgment thereof on
payment of deficit court fees, if any.
(M.S.Agarwal)
Member, C.R. 8
Date : 25.01.2024 MACT, MUMBAI
ms*
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