Interim Order 1

Order Details: Order on Exh.
Pdf Text: BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUMBAI
ORDER BELOW EXH.2
In MACP No.2118 of 2019
The applicant sought interim relief u/S. 140 of Motor
Vehicles Act for the injuries sustained in the motor
vehicular accident occurred on dtd.26.09.2019.
2. Heard Ld. Advocate for the applicant and
insurer. Insurer has filed its Written Statement at Exh.13.
Opposite party remained ex-parte.
3. At this initial stage, only points required
consideration of the Tribunal are involvement of vehicle in
the accident and injuries sustained to applicant in the
accident. From the documentary evidence, it is prima facie
appears that applicant sustained injuries in the accident.
The document i.e. certified copies of FIR, Statement, Spot
Panchnama, Spot Map and Insurance Policy support the
claim of applicant. Applicant has also filed original medical
papers and disability certificate to prove injuries and
disability.
4. At the same time considering social purpose to
provide minimum financial help in the form of interim
compensation to the victim of accident, liability is created
u/s. 140 on the basis no fault. Admittedly, at the time of
accident offending vehicle was owned by opposite party
and it was insured with insurer. Considering above facts,
this Court is of the view that opposite party and insurer are
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jointly and severally liable to pay compensation amount to
applicant on the principle of No Fault Liability. Hence, the
following order.
ORDER
Application Ex.2 stands allowed.
2. The opposite party and insurer shall jointly and
severally credit an amount of Rs.25,000/- (Rupees Twenty
Five Thousand only) through RTGS / NEFT mode in the
bank account of this Tribunal as per following details.
Account Name MOTOR ACCIDENT CLAIMS TRIBUNAL
MUMBAI
Account No. 00000040777482356
IFS Code. SBIN0030002
MICR Code. 400002273
3. The said amount shall be transferred by the
opponents in the bank account of this Tribunal within one
month from the date of interim order failing which the said
amount shall carry interest @7.5 % p.a. from today till its
realisation.
4. The Accounts Officer shall transfer the said amount
by way of RTGS/NEFT to the Bank Account of the
applicant on due verification and scrutiny of documents
regarding bank details, as per rules.
(Smt. Rehmat K. Shaikh)
Member, CR-6,
Date : 08.07.2022 MACT, Mumbai
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