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II (1994) ACC 348, 1995 ACJ 529
A.R. Tiwari, J.
New India Assurance Co. Ltd.
vs
Heera Singh And Ors.
DECIDED ON : 5 November, 1993
Interim Award - Motor Accidents Claims Tribunal - The court upheld the interim award, emphasizing the benevolent provision in the Motor Vehicles Act intended to help accident victims promptly and prevent destitution. The petitioner was directed to deposit the compensation amount with the claimant permitted to withdraw it on furnishing appropriate security for restitution.
Fact of the Case:
The petitioner challenged the validity of an interim award, arguing that the non-applicant was a minor and ineligible to own a driving license.
Finding of the Court:
The court found that the interim award was provided by a benevolent provision in the Motor Vehicles Act to help accident victims promptly and prevent destitution. The petitioner was directed to deposit the compensation amount with the claimant permitted to withdraw it on furnishing appropriate security for restitution.
Issues: Validity of the interim award based on the eligibility of the non-applicant to own a driving license.
Ratio Decidendi: The court emphasized the benevolent provision in the Motor Vehicles Act intended to help accident victims promptly and prevent destitution, and directed the petitioner to deposit the compensation amount with the claimant permitted to withdraw it on furnishing appropriate security for restitution.
Final Decision: The revision petition was dismissed summarily without notice to the other side, with the direction for the petitioner to deposit the compensation amount and the claimant to be permitted to withdraw it on furnishing appropriate security for restitution.
A.R. Tiwari, J.
1. This revision petition has been filed against the interim award passed on 9.10.1993 by the learned Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 71 of 1993.
2. The petitioner has challenged the validity of this award on the ground that the non-applicant No. 2 on the basis of the papers available on record is a minor being aged 17 years and as such, was not eligible to own a driving licence. In this linchpin, it is urged that the Tribunal has committed an error in passing the interim award.
3. The interim award is provided by a benevolent provision in the Motor Vehicles Act and is intended to help the victims of the accident promptly and to prevent them from the state of destitution. At this stage, the niceties are not required to be gone into.
4. However, the interest of the person or authority paying the amount may be safeguarded in appropriate cases on imposition of suitable terms. In the circumstances, I find that this revision petition must fail. However, it is directed that the petitioner shall deposit the amount of compensation as awarded by the Tribunal and the claimant shall be permitted to withdraw the same on furnishing appropriate security for restitution in case the claimant is finally held disentitled in any manner.
5. In the circumstances, this revision petition fails and is dismissed summarily without notice to the other side. The aforesaid direction is a step in the interest of justice for both the parties.
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