Order 1

Order Details: Order on Exh.
Pdf Text: BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUMBAI
MACP NO.1623 OF 2019
ORDER BELOW APPLICATION Ex.2
1. Petitioners claim interim compensation of Rs.50,000/
u/s.140 of the Motor Vehicles Act, 1988 ( in short 'M. V. Act' ) in
the matter of claim for compensation due to causing death of Mr.
Mohammad Eklakh Shaikh in vehicular accident dtd.21.04.2019
involving Motorcycle bearing No.MH46AM3420.
2. Opposite party No.1 has sought permission to file necessary
document/say but failed to file the same.
3. Opposite party No.2 remained exparte.
4. Perused application and relevant documents. Heard learned
advocate Mr. R. B. Pawar for the applicants.
5. In support of the application, the applicants have filed
documents along with list Ex.11 i.e. certified copy of FIR, Report,
Spot Panchnama, vehicle particulars and xerox copy of Cause of
Death Certificate which is certified as true copy by advocate for
applicant. Certified copy of Inquest Panchnama is filed below list
Ex.12. All these documents and facts collectively show that
opposite party No.1 is the owner of the offending vehicle and
opposite party No.2 is rider of said vehicle at the time of accident.
The documents also show that Mr. Mohammad Eklakh Shaikh died
due to the accident arising out of the use of Motorcycle bearing
No.MH46AM3420.
6. The above mentioned facts prima facie show that opposite
No.1 & 2 being owner and rider of the offending vehicle are jointly
-- 1 of 2 --
: 2 :
and severally liable to pay no fault liability compensation to the
applicants u/s.140 of the M. V. Act. Applicant No.1 is Father and
Applicant No.2 is Mother of the deceased. In the result, application
deserves to be allowed by passing following order.
O R D E R
1. Application is allowed.
2. Opposite party No.1 & 2 shall jointly and severally pay
compensation of Rs.50,000/ (Rupees Fifty Thousand Only) i.e.
NFL u/s.140 of the M. V. Act within one month from the date of
order to the applicants. In default, the applicants are entitled to get
interest @ 5% p.a. on the said amount from the date of order till
realization.
3. Opposite party No.1 & 2 are directed to make the payment by
Account Payee cheque of Rs.50,000/ in the name of
Applicant No.1.
4. On receipt of A/c payee cheque by the office, it be delivered
to Applicant No.1 on due identification and verification, after
recovery of deficit court fees, if any.
(Vilas P. Kadam)
Member, C.R.No.6,
Date: 05.02.2021 MACT, Mumbai
GDE
-- 2 of 2 --