Interim Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.2 IN MACP NO.1253 OF 2019
1. Heard both sides. Perused the application, written
statement of the opposite party no.1-Municipal Corporation
of Greater Mumbai u/s.140 at Ex.9 and the entire record.
2. 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.
3. 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.
4. In present case also, through the police papers, the
applicant has shown nexus between vehicle [Motor Tanker
No.MH-01-LA-9590] involved, accident occurred and
partial permanent disablement of 41% sustained by the
applicant. Though it is contended by the applicant as well
as opposite party no.1 that there was a maintainance
contract with opposite party no.2 but there is no such
agreement on record. Therefore, only opposite party no.1
being the owner of the vehicle is liable to pay compensation
to the applicant. Hence, this application deserves to be
allowed. Therefore, I pass following order.
ORDER
1. Application is allowed.
2. Opposite party no.1- Municipal Corporation of
Greater Mumbai do pay Rs.25,000/- (Rupees Twenty Five
Thousand Only)to the applicant within one month from
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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 no.1- Municipal Corporation
of Greater Mumbai 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, entire
amount of compensation along-with interest thereon be
paid to the applicant, by NEFT/RTGS, on submitting his
bank account passbook photocopy duly verified by his
banker and against proper identification by obtaining
acknowledgment thereof on payment of deficit court fees, if
any.
Dt.22.02.2024 (S.B.Munde)
Member,
MACT, MUMBAI
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