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1993 DIGILAW 84 (MP)

National Insurance Co. v. Nandibai And Ors.

1993-02-01

A.R.TIWARI

body1993
JUDGMENT A.R. Tiwari, J. 1. This Misc. Appeal presented under Section 173 of the Motor Vehicles Act (for short, 'the Act') is directed against the order dated 27.4.93 rendered by MACT Ujjain in Claim Case No. 79/90, thereby passing an interim Award of Rs. 25000/- together with interest at the rate of 12% p.a. in case of default of non-deposit within a month from the date of order. 2. Briefly stated, the facts of the case are that Tampo bearing Registration UCP 7189 knocked down Bherulal. The L.Rs. of Bherulal filed the Claim Petition. In this claim petition, prayer under Section 140 of the Act was made for grant of interim award statutorily provided. On consideration of the documents and material on record, the Tribunal passed the order that respondent Nos. 4 and 5 and the appellant shall jointly and severally pay the interim compensation of Rs. 25000/- together with interest as above to the respondent Nos. 1, 2 and 3. Aggrieved by this order, the appellant (National Insurance Company) has preferred this appeal. 3. I have heard Shri A.H. Khan, learned Counsel for the appellant and Shri P.C. Saxena, learned Counsel for the respondent Nos. 1, 2 and 3, finally with their consent so as to eliminate the delay in disposal of this appeal. 4. As noted, the order of interim award of Rs. 25,000/- together with interest at the rate of 12% p.a. in case of non-deposit in one month under Section 140 of the Act, is under challenge in this appeal. 5. The provision, permitting interim award on 'no fault liability' basis, is benevolent one intended to provide prompt financial aid to the victim or L.Rs. of the victim of accident. 6. The Tribunal is obligated to invoke the aforesaid provision on its prima facie satisfaction from the material that (a) the vehicle was involved in the accident; (b) the vehicle was owned by the party which is joined in the claim case; (c) the owner has an insurance policy in his favour covering the liability. 7. So viewed, I find that the Tribunal was justified in regarding the aforesaid facts, as alleged, sufficient and thus was right in reaching the conclusion as it recorded. 8.Theappealis,thus,foundtobeacarpous.Butcertaindirections,asprayed,appear to be just and necessary. 9. 7. So viewed, I find that the Tribunal was justified in regarding the aforesaid facts, as alleged, sufficient and thus was right in reaching the conclusion as it recorded. 8.Theappealis,thus,foundtobeacarpous.Butcertaindirections,asprayed,appear to be just and necessary. 9. In case of dismissal of claim against the applicant-Company, owner of vehicle is to be held liable to reimburse the said amount to the insurer in the final award to be made by the Tribunal. Apart from this, the undernoted directions seem to be apt at this stage are issued accordingly- (a) The applicant is granted one month's time from today to deposit the amount as per the award, if not already deposited. (b) The claimants are permitted to withdraw the amount on furnishing security to the satisfaction of the Tribunal for restitution in case the claim is disallowed against the Company and claimants are asked to refund the amount so withdrawn. This is further to the order dated 11.9.1993 of this Court. (c) The claimants shall pursue the claim petition for determination on merits. In case of non-prosecution, the claimants would be liable to restitute the amount. (d) The Tribunal shall expedite the determination of claim petition. 10. The aforesaid appeal, heard finally with the consent of the parties, is thus, disposed of with directions as above. There shall be no order as to costs. 11. I have refrained from deciding, in view of dismissal of appeal with imposition of directions, the question like untenability of Misc. Appeal or Civil Revision against such an order as was initially contended but not eventually pursued in the light of the order made as above. 12. The parties shall appear before the Tribunal on the date as fixed or on 13.12.1993, whichever may be earlier to take further orders in the matter.