Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.2 IN MACP NO.1274 OF 2021
1. Heard both sides. Perused the application, reply of
opposite party at Exh.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 [Tata Motors-
B.M.C Garbage Compactor No.MH-01-AN-897] involved,
accident occurred and partial permanent disablement of
39% sustained by the applicant. Defence taken by the
opposite party cannot be considered at this stage. Hence,
this application deserves to be allowed. Therefore, I pass
following order.
ORDER
1. Application is allowed.
2. Opposite party to pay 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
realisation of the amount.
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3. The opposite party 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 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.01.11.2022 (S.B.Munde)
Member,
MACT, MUMBAI
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