Gujarat High Court
Judgename :S.K.Keshote
NEW INDIA ASSURANCE COMPANY LIMITED - Appellant
Versus
MINOR SANJAY VAJUBHAI - Respondent
C.A. 2829 of 1995
Decided On : 07/20/1998
Vehicle insured by the appellant is not involved in the accident cannot be recovered from the claimant as it is based on the principle of `no fault liability but as observed earlier in the foregoing paras of the judgment, the appellant is otherwise sufficiently protected and the Tribunal may pass the order for reimbursement of the amount in this very proceedings against the owner of the vehicle insured by the appellant.
[Para 7]
(b) Motor Vehicles Act, 1988 - Sec. 140 - Interim compensation - It is legal obligation of the Tribunal to suo motu consider the matter to grant the interim compensation.
Section 140 of M.V. Act, 1988 has been enacted with the purpose and object to provide immediate financial help to the victims of the accident in the case of injury or to the dependents in the case of fatal accident. In the claim petition filed by the claimants for compensation, it is legal obligation on the part of the Tribunal to suo motu consider the matter to grant the interim compensation to the claimants. From the language of Sec. 140 of the M.V. Act, it is clear that either claimants may move an application for interim compensation or where the application for interim compensation is not moved the Tribunal may consider the matter for grant of interim compensation suo motu. As by the very nature of this name given to it and coupled with the fact that it is a benevolent provision of the Act it has to be decided immediately and without waiting for the full-fledged trial of the claim application. The benefit fall under the category of `no fault liability and to award this compensation, the Tribunal is not required to even hold summary adjudication. On the basis of material which has come on record, the Tribunal has to record its satisfaction that the accident has been caused by vehicle due to its rash and negligent driving by the driver in which the applicant sustained the injury or in a fatal accident the bread earner has lost the life. I have seen many of the cases where langthy arguments from both the sides are being permitted and by dictating lengthy judgments, considerable time has been taken in disposal of these applications. This approach of the Tribunals frustrates the very purpose and object of this benevolent provision. Immediately on service of summons of the claim application, the Tribunal has to undertake this exercise and pass appropriate order in accordance with law. Niceties of the legal issues which may arise or may be raised in reply to the claim application shuld not be permitted to that extent, ordinarily permitted at the final stage, at the stage of dealing with the question of awarding interim compensation as provided under Sec. 140 of the the Act, 1988.
[Para 6]
( 1 ) THIS appeal is directed by the appellant. New India assurance Co. Ltd. , who is the original opponent No. 3 in the Claim Petition filed by. the respondent No. 1-claimant for compensation to be awarded to him for the injury sustained by him in a motor vehicular accident which took place on 4-1- 1991 at about 3-00 p. m. , on Jamnagar main road near Madhapar village.
( 2 ) IN the claim application, the respondent-claimant filed an application Ex. 2 for grant of interim compensation as provided under Sec. 140 of the Motor Vehicles act, 1988. Under the impugned order dated 12-12-1994 of the Motor Accident claims Tribunal (Aux.), Rajkot a sum of Rs. 12. 000. 00 with running interest at the rate of 12% p. a. from the date of application till realisation was ordered to be paid by the appellant and respondent Nos. 2 and 3. Hence, this appeal before this Court by the appellant.
( 3 ) ONLY contention made by the learned Counsel for the appellant is that the claimant-respondent is not entitled for interim compensation because the entire facts are got up and the vehicle which is stated to have been involved in the accident has not really caused the accident. Carrying this contention further learned Counsel for the appellant urged that the other vehicle is responsible for the accident and as such no order could have been passed for interim compensation against the appellant.
( 4 ) ON the other hand, the Counsel for the respondent-claimant contended that it is an interlocutory order against which normally this Court may not interfere. It has next been contended that the Motor Accident Claims Tribunal has not decided the matter finally and in case ultimately it is found that the vehicle which was insured by the appellant is not in any manner responsible for causing of the accident, it is competent to pass appropriate order directing the Insurance Company of the vehicle which is found involved in the accident to indemnity the amount paid by the appellant ro the claimant-respondent in pursuance of impugned order with interest.
( 5 ) I have given my thoughtful consideration to the submissions made by the learned Counsels for the parties.
( 6 ) SECTION 140 of M. V. Act, 1988 has been enacted with the purpose and object to provide immediate financial help to the victims of the accident in the case of injury or to the dependents in the case of fatal accident. In the claim petition filed by the claimants for compensation, it is legal obligation on the part of the Tribunal to suo motu consider the matter to grant the interim compensation to the claimants. From the language of Sec. 140 of the M. V. Act, it is clear that either claimants may move an application for interim compensation or where the application for interim compensation is not moved, the Tribunal may consider the matter for grant of interim compensation suo motu. As by the very nature of this name given to it and coupled with the tact that it is a benevolent provision of the Act it has to be decided immediately and without waiting for the full-fledged trial of the claim application. The benefit falls under the category of no fault liability and to award this compensation, the Tribunal is not required to even hold summary adjudication. On the basis of material which has come on record, the Tribunal has to record its satisfaction that the accident has been caused by vehicle due to its rash and negligent driving by the driver in which the applicant sustained the injury or in a fatal accident the bread-earner has lost the life. The Court has seen many of the cases where lengthy arguments from both the sides are being permitted and by dictating lengthy judgments, considerable time has been taken in disposal of these applications. This approach of the Tribunals frustrates the very purpose and object of this benevolent provision. Immediately on service of summons of the claim application, the Tribunal has to undertake this exercise and pass appropriate order in accordance
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