The Oriental Insurance Co.Ltd vs Sewakdas @ Shivaji
2013 Latest Caselaw 399 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.




                                                                         
                    First Appeal No.1234 of 2013




                                                 
    The Oriental Insurance Co.Ltd.,
    Bhubneshwar Branch,
    Through the Regional Manager
    Nagpur Regional Office,




                                                
    T.P.Hub, Shukla Bhava,
    Dharampeth, Nagpur.                        ..... Appellant.

                              :: versus ::




                                      
    1. Sewakdas @ Shivaji S/o Lahanuji Sahre,
    Aged about 48 years,ig
    Occupation Catering Business.

    2. Yamunabai W/o Sewakdas @ Shivaji Sahare,
                      
    Aged about 42 years,
    Occupation Housewife,
    R/o Pawaddana, Tahsil Mouda,
    District Nagpur.
      

    3. ARSS Infrastructure Project Ltd.,
    R/o House No.61, Joint Post
   



    Tarsa, Tarsa City, Tahsil Mouda,
    District Nagpur.                        ..... Respondents.

    ==========================================
           Shri D.N.Kukday, counsel for the Appellant.





           Shri P.S.Mirache, counsel for R-1 & 2.
           Shri Rahul Tajne, counsel for R-3.
    ==========================================





                         CORAM        : A. P. BHANGALE, J.

                         DATE         : 20th DECEMBER, 2013


    ORAL JUDGMENT.

1. This appeal is filed by appellant - The Oriental Insurance

.....2/-

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         Company     Limited,   challenging   interim     award,         dated




                                                                         

17.6.2013, passed below Exhibit-5, by the learned Member of

the Motor Accident Claims, Tribunal-2, Nagpur, under Section

140 of the Motor Vehicles Act, 1988 (for short, "the Act"), in

Claim Petition No.928 of 2012.

2. The contention appears, that one Akash S/o Sewakdas @

Shivaji Sahare, who was proceeding by motor cycle with

temporary Registration No.MH-31-TC-372 as a pillion rider.

After a "Tipper" Bearing Registration No.MH-40-N-9463, gave

dash to the motor cycle, the pillion rider was badly injured

and died.

3. Thus, considering the prima facie case including the

police papers, the learned Member was pleased to award sum

of Rs.50,000/- payable to the claimants (dependents of the

deceased) along with interest at rate of 7.5.% from

21.9.2012, the date of registration of the petition till

realization of the amount.

4. Learned counsel for the appellant, submitted that the

appellant, on the basis of the evidence, which may be led

before the Tribunal, may be exonerated from the liability to

.....3/-

3 fa1234.13.odt

pay the compensation to the claimants on the ground that

owner, driver of the offending motor vehicle is liable to pay

the compensation.

His contention can be examined on merits at the time of

final hearing when final award is passed by the Tribunal. At

this stage prima facie, the amount awarded under Section

140 of the Act, is payable to the claimants. Of course, the

Tribunal, if it so thinks fit, may insist upon security for

restitution from the claimants who may withdraw the amount

at the interim stage of the petition, subject to final

award/decision in the claim proceedings.

5. With these observations, the appeal stands disposed of

with a direction to the Tribunal to dispose of the claim petition

as early as possible, preferably within a period of six months

from the date of receipt of this order.

6. The amount deposited, if any, in this Court, be

transmitted to the Tribunal to enable it to pas an appropriate

order.

JUDGE

!! BrWankhde !!

...../-