Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW Exh.2 IN M.A.C.P. NO.1737 OF 2022
1. Perused the application and reply filed by the
insurer at Exh.17. The opposite party despite of service of
notice remained absent and failed to contest the present
application.
2. Contention of the claimants that Mohammad
Ismail Akhtarali Sayyad died in vehicular accident dated
06.09.2022 due to giving of dash to offending vehicle
No.MH-46-AR-5144 have been supported by the copy of
FIR, Spot panchnama, inquest panchnama and cause of
death certificate. 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 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 parents
and sisters 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 claimants by
NEFT/RTGS in the Savings Account in the State Bank of
India, Empire House Branch, Fort, Mumbai. The accounts
details are as under :
Account Name : Motor Accident Claims Tribunal, Mumbai
Account No. : 00000040777482356.
IFS Code : SBIN0030002.
MICR Code : 400002273.
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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 Nos.1 and 2 parents, by
NEFT/RTGS on due verification and as per rules, after
furnishing necessary details by claimant Nos.1 and 2 as
follows -
a) Name and address of the claimants,
b) Name of Bank and Branch of claimants,
c) Bank Account Number,
d) Bank IFSC code,
e) Copy of first page of bank passbook containing
photograph of the claimant Nos.1 and 2 duly attested
by the concerned bank,
f) Self attested copies of Aadhar card and PAN card.
Dt.30.06.2023 (S. K. Choudante)
Uvg/- Member, C. R. No.4,
MACT, Mumbai.
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