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2019 DIGILAW 376 (RAJ)

New India Assurance Co. Ltd. v. Jethi

2019-02-01

P.K. LOHRA

body2019
JUDGMENT P.K. Lohra, J. - Appellant-Insurer has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to challenge interim award dated 20.07.2018, passed by Motor Accident Claims Tribunal, (2 of 2) [CMA-2857/2018] Jodhpur Metropolitan (for short, 'learned Tribunal'). Learned Tribunal, by the impugned award, while deciding application under Section 140 of the Act, has awarded interim compensation to the respondent-claimants on account of accidental death of Sukharam in a claim under Section 166 of the Act. 2. It is argued by learned counsel for the appellant that in fact the tractor in question was not involved in accident yet the learned Tribunal has passed the award solely on the basis of criminal prosecution launched against driver of the tractor. The provisions under Section 140 of the Act are essentially part of a beneficent legislation, intended to provide immediate solace to the bereaved family on account of accidental death, or to an injured, who has suffered permanent disability. While deciding application under Section 140 of the Act, it is the duty of Tribunal to invoke the principle of 'No Fault Liability' and the learned Tribunal in the instant case has prima facie recorded its satisfaction about the factum of accident and death of Sukharam. 3. In view thereof, I feel disinclined to interfere with the impugned interim award. Consequently, the appeal fails and same is hereby dismissed.