Safia Noor Mohd. Mujawar And Ors. vs Nalini Shingote And Ors.
2003 Latest Caselaw 203 Bom

JUDGMENT

C.K. Thakker, C.J. and D.Y. Chandrachud, J.

1. Admitted. Mr. R.M. Patne, Assistant Government Pleader, appears and waives service of notice on behalf of respondent No. 3, State of Maharashtra. In our opinion, notice to respondent Nos. 1 and 2 is not necessary. The matter is taken up for final hearing today.

2. This appeal is filed against an order passed by the Motor Accidents Claims Tribunal, Alibaug, on 4.1.2000 and confirmed by the learned single Judge on 16.3.2002 in Writ Petition No. 5714 of 2001.

3. The Motor Accidents Claims Tribunal, Alibaug, passed an order on 4.1.2000 under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') under no fault liability, awarding an amount of compensation of Rs. 50,000. It was, however, ordered that out of amount of Rs. 50,000, Rs. 10,000 be paid to the claimant-appellant No. 1, and remaining Rs. 40,000 be ordered to be invested.

4. Being aggrieved by that part of the order, the petitioners preferred Writ Petition No. 5714 of 2001, and the said order was confirmed by the learned single Judge.

5. Learned Counsel for the appellants contended that the entire object underlying Section 140 of the Act is to make summary inquiry and award interim compensation immediately, so that family members of the victim may not suffer. If substantial amount is ordered to be invested, the entire object behind enacting Section 140 would get frustrated and lost.

6. We see substance in the contention raised by the learned Counsel for the appellants. The learned Counsel is also right in relying upon some of the decisions in which a similar view has been taken [vide Nabeesa v. M.A.C.T., Malapuram ; Mohram All v. Rakesh Kapoor, Judge, M.A.C.T., Delhi and Prem Kumari v. Rajbeer Singh ]. Since the substantial amount is ordered to be invested, the order deserves to be set aside.

7. The appeal deserves to be allowed, and is accordingly allowed. The appellant No. 1 is entitled to the entire amount of Rs. 50,000 along with interest and costs. Since an amount of Rs. 10,000 has already been paid, the remaining amount is ordered to be paid to appellant No. 1 immediately. Appeal accordingly stands disposed of. No costs.

8. Parties be given copies of this order duly authenticated by the Sheristedar/Private Secretary.