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2013 DIGILAW 2640 (BOM)

Oriental Insurance Co. Ltd. v. Sewakdas @ Shivaji

2013-12-20

A.P.BHANGALE

body2013
Judgment 1. This appeal is filed by appellant - The Oriental Insurance Company Limited, challenging interim award, dated 17.6.2013, passed below Exhibit-5, by the learned Member of the Motor Accident Claims, Tribunal-2, Nagpur, under Section 140 of the Motor Vehicles Act, 1988 (for short, “the Act”), in Claim Petition No.928 of 2012. 2. The contention appears, that one Akash S/o Sewakdas @ Shivaji Sahare, who was proceeding by motor cycle with temporary Registration No.MH-31-TC-372 as a pillion rider. After a “Tipper” Bearing Registration No.MH-40-N-9463, gave dash to the motor cycle, the pillion rider was badly injured and died. 3. Thus, considering the prima facie case including the police papers, the learned Member was pleased to award sum of Rs.50,000/- payable to the claimants (dependents of the deceased) along with interest at rate of 7.5.% from 21.9.2012, the date of registration of the petition till realization of the amount. 4. Learned counsel for the appellant, submitted that the appellant, on the basis of the evidence, which may be led before the Tribunal, may be exonerated from the liability to pay the compensation to the claimants on the ground that owner, driver of the offending motor vehicle is liable to pay the compensation. His contention can be examined on merits at the time of final hearing when final award is passed by the Tribunal. At this stage prima facie, the amount awarded under Section 140 of the Act, is payable to the claimants. Of course, the Tribunal, if it so thinks fit, may insist upon security for restitution from the claimants who may withdraw the amount at the interim stage of the petition, subject to final award/decision in the claim proceedings. 5. With these observations, the appeal stands disposed of with a direction to the Tribunal to dispose of the claim petition as early as possible, preferably within a period of six months from the date of receipt of this order. 6. The amount deposited, if any, in this Court, be transmitted to the Tribunal to enable it to pas an appropriate order.