Interim Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW Exh.2 IN M.A.C.P. NO.1773 OF
2019
1. Read the application and say of insurer at
Exh.13. The opposite party despite of service of notice
remained absent and failed to contest the present
application. Perused the record.
2. Contention of the claimants that Somnath
Bibhishan Pawar died in vehicular accident dated
01.12.2018 due to wrongly parked of offending vehicle
bearing No.MH-01-CR-5349 have been supported by the
copy of FIR, Spot panchnama, inquest panchnama and
postmortem report. Copy of insurance policy shows that
offending vehicle was owned by the opposite party and it
was insured with insurer as on the day of accident. The
defences raised by the insurer including cheque for
premium amount was dishonoured, will have to be
considered at the time of decision of claim-petition on
merits and it is not necessary to go into those details at this
stage as the claim for interim compensation u/Sec. 140 of
M. V. Act is based on the principle of No Fault. Claimants
being the widow, parents and children of deceased, they are
entitled for the amount of interim compensation from the
opposite party and insurer, jointly and severally. Hence, I
pass the following order.
ORDER
1. Application Exh. 2 is allowed.
2. The opposite party and insurer are directed to pay
jointly and severally, interim compensation of Rs.50,000/-
(Rupees Fifty Thousand only) to the claimant No.1 widow,
by NEFT/RTGS in the Savings Account in the State Bank of
India, Empire House Branch, Fort, Mumbai. The accounts
details are as under :
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Account Name : Motor Accident Claims Tribunal, Mumbai
Account No. : 00000040777482356.
IFS Code : SBIN0030002.
MICR Code : 400002273.
3. The amount shall be deposited within a period of one
month from the date of order, failing which they shall pay
simple interest @7.5% per annum from the date of this
order till its full and final realization.
4. The Accounts Officer shall transfer the amount in the
bank account of the claimant No.1 widow, by NEFT/RTGS
on due verification and as per rules, after furnishing
necessary details by claimant No.1 as follows -
a) Name and address of the claimant,
b) Name of Bank and Branch of claimant,
c) Bank Account Number,
d) Bank IFSC code,
e) Copy of first page of bank passbook containing
photograph of the claimant No.1 duly attested by the
concerned bank,
f) Self attested copies of Aadhar card and PAN card.
Dt.20.06.2022 (S. K. Choudante)
Uvg/- Member, C. R. No.4,
MACT, Mumbai.
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