Bombay High Court
Lalsingh S/O Harsingh Jadhav vs Ajabrao S/O Tukaram Tale And 3 Ors on 25 November, 2025
2025:BHC-NAG:12877
1 32 FA 913.10.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO.913 OF 2010
[Lalsingh s/o Harsingh Jadhav .vs. Ajabrao s/o Tukaram Tale and others]
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Ms. Yoshita V. Paliwal, Advocate h/f Mr. V.K. Paliwal, Advocate for Appellant.
Mr. P.K. Dhomne, Advocate for Respondent Nos.1 and 2.
..............
CORAM : PRAVIN S. PATIL, J.
DATED : 25.11.2025.
1. This court has passed detailed order on 21.11.2025
as under :
1. By way of present appeal, the challenge
is to the interim order passed under Section 140 of
the Motor Vehicles Act of awarding interim
compensation of Rs.50,000/- to the legal heirs of the
deceased.
2. In the present appeal, the challenge to
the order at the instance of owner of the vehicle is
only on the ground that the driver of the vehicle
though holding the valid licence by ignoring the reply
of the owner, the impugned order came to be passed
by the learned Tribunal in the matter. As such, it is
the contention of the owner that the learned Tribunal
should not have saddled the responsibility of payment
of compensation on the appellant.
3. At the outset, after perusal of the
record, it is seen that this appeal is pending on the
file of this court since year 2010. This court, on
1.3.2011 passed the interim order and thereby
granted stay to the order of the Motor Accident
Claims Tribunal, Washim dated 27.1.2010. In
pursuance of the same, owner has deposited the
amount to the registry of this court.
4. After the deposit of the amount, Civil
Application No.327/2013 was filed by the claimants
in the matter for withdrawal of the amount. This
court allowed respondent to withdraw Rs.25,000/- by
order dated 15.2.2013. As such, balance amount of
Rs.25,000/- is lying with the registry of this court.
2 32 FA 913.10.odt
5. As per the provisions of Section 140 of
the Motor Vehicles Act, the amount of interim
compensation is awarded as an interim arrangement
to give financial assistance to the family whose bread
earner has caused death in the road accident.
6. As such, while deciding the application
under Section 140 of the Motor Vehicles Act, the only
fact which is required to be considered by the
Tribunal about the occurrence of the accident. There
is no necessity for the Tribunal to look into the entire
merits of the matter.
7. The perusal of the impugned order
dated 27.1.2010 clearly established the fact that the
learned Tribunal by considering the fact that criminal
offence has been registered against the driver of the
offending vehicle which certifies the fact that there
was an accident and the owner of the said offending
vehicle were the present appellant passed the
impugned order. Hence, prima facie, I am of the
opinion that there is no error apparent on the face of
record in the impugned order.
8. It is however further pertinent to note
that the claimants in the Motor Accident Claims
Tribunal, after withdrawal of the amount, did not
turn up to this court and the matter is pending on the
file of this court since last more than 15 years. As
such, according to me, there is no reason to go into
the merits of the matter. On the contrary, matter can
be remitted back to Tribunal to decide the pending
claim petition at an earliest.
9. In the circumstances, to meet the end
of justice, it will be proper to transfer the amount
which is lying to the registry of this court to the
Motor Accident Claims Tribunal, Washim in a pending
M.A.C.P. No.20/2009.
10. However, at this stage, the learned
counsel for the appellant, seeks time to verify the
matter, whether M.A.C.P. No.20/2009 is pending
before the Claim Tribunal or has been already
decided or not. Therefore, list the matter for further
consideration on 25.11.2025 for the statement of the
appellant.
2. As such, today the matter is kept for verification
whether M.A.C.P. No.20/2009 is pending before the Claim
Tribunal or not.
3 32 FA 913.10.odt
3. The learned counsel for the appellant states that till
date M.A.C.P. No.20/2009 is pending on the file of Claim
Tribunal for the evidence. It is pointed out that as the record
and proceedings of Claim Petition was called for perusal by this
court, the Claim Petition pending before Tribunal did not
proceed further.
4. In the circumstances, in continuation of the order
dated 21.11.2025, I proceed to pass the following order :
ORDER
(i) First Appeal is partly allowed.
(ii) The amount which is lying with the Registry of
this court along with accrued interest thereon be transferred to
M.A.C.P. No.20/2009 pending on the file of M.A.C.T. Washim.
(iii) Registry is directed to send the record and
proceedings of M.A.C.P. No.20/2009 immediately to the
M.A.C.T. Washim.
(iv) M.A.C.T. Washim is directed to decide the Claim
Petition as expeditiously as possible and the amount which is
transferred to the Tribunal be paid to the person, who is entitled
as per the final judgment of the Tribunal.
The First Appeal stands disposed of.
(PRAVIN S. PATIL, J.)
Gulande
Signed by: A.S. GULANDE
Designation: PS To Honourable Judge
Date: 25/11/2025 18:46:10
