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1998 Supreme(MP) 822

J.G.CHITRA
SHIVLAL – Appellant
Versus
GIRISH KUMAR – Respondent


Advocates Appeared:
A.P.Kutumbale, S.V.DANDVATE

J. G. CHITRA, J.

( 1 ) SHRI Kutumble submitted that the learned Tribunal did not peruse the FIR which mentions the name of deceased and the number of the truck involved in the said accident. He further pointed-out that insurance cover note which is on record also mentions that the said truck was insured with respondent No. 3 on the date and time of the said accident. He submitted that in spite of this the Tribunal did not award interim compensation to the appellants in view of the provisions of Section 140 of the M. V. Act.

( 2 ) SHRI Dandwate, counsel appearing for respondent No. 3 submitted that the Tribunal was right in rejecting the prayer of appellants for interim compensation because the driver and the owner of the said truck have denied the liability.

( 3 ) I do not find any substance in the submission of Shri Dandwate, counsel appearing for respondent No. 3. Section 140 of the M. V. Act is the provision studded in benevolent legal provisions of M. V. Act. What the Tribunal has to do is to find-out whether prima facie there was an accident in which motor vehicles were involved, whether the claimant was involved in the said accident, whether he sustained injuries which are cap



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