1.0 This appeal is directed against the judgement and award dated 06.10.1995 passed by learned Motor Accident Claims Tribunal (Aux. III), Ahmedabad (Rural) at Mirzapur in Application Exh.3 in Motor accident Claim Petition No.441 of 1993 wherein The Tribunal has awarded a sum of Rs.25000/- along with interest at the rate of 12% per annum from the date of application till realization.
2.0 The claimant had filed an application under section 140 of the Motor Vehicles Act for interim award of Rs.25000/- on account of death of one Virjibhai Punjabhai Solanki. The accident took place on 15.01.1993 at about 2.30 at noon near the canal going towards Moraiya village. The deceased was traveling in the truck and the driver lost control of the truck and dashed with a lorry. Said Virjibhai died on the spot and therefore the legal heirs filed Motor Accident Claim Petition No.441 of 1993 wherein the aforesaid interim application came to be filed. The Tribunal has awarded the amount as stated hereinabove.
3.0 Learned Advocate for the appellant submitted that the Tribunal committed an error in awarding the amount without considering the question whether the claimants were fare paying passengers traveling in a private vehicle in breach of the terms of the policy as well as the permit issued by the RTO.
4.0 Heard the learned Advocate for the appellant and perused the papers. In para 5 the Tribunal held as under:
"5. The application is based on the principles of No-fault liability" and therefore, the question whether the provisions of Sec.149 of the M.V. Act, cannot be considered at this stage. Moreover, it is settled legal position on that at this stage, while passing an interim award under the provisions of sec.140 of the Act, the negligence of the driver of the vehicle in question is not to be considered as this liability is known as No-fault liability. However, this order is subject to final decision and ultimate result of the main petition. If the ultimate result, any opponent is not found to be liable or liability of the opponent is fixed to any extent, this order shall be subject to the ultimate result of the main petition."
5.0 Thus, the award in question is an interim award and it is subject to the ultimate result of the main petition. I am therefore in complete agreement with the reasoning adopted and findings arrived at by the Tribunal.
6.0 In the premises aforesaid I do not find any merits in the appeal. The same is therefore dismissed with no order as to costs.
7.0 The amount if any deposited with this Court shall be transmitted to the Tribunal forthwith.
(K.S.
JHAVERI J.) niru* Top