This appeal under Section 173 of the Motor Vehicles Act, 1988 [for short, 'the Act'] is directed against the order dated 18th February 2012 passed by the Chairman, M.A.C. Tribunal (Main), Surat, below Exh.7, in MACP No.3 of 2008, awarding an amount of Rs.25,000/- as interim compensation with interest @ 9% p.a. from the date of the application till actual realization, in exercise of power under Section 140 of the Act. The Tribunal passed the above order after considering about 12 documentary evidence.
Mr.
Shalin Mehta, learned counsel for the appellant, has raised various grounds, inter alia, that the appellant-Insurance Company was to earn exoneration in the main claim petition under Section 166 of the Act and the claimant, who was driving the insured vehicle, was injured by his own fault and, therefore, the claimant was not likely to get anything under Section 166 of the Act. Thus, the Tribunal has erred in law in passing the impugned award and the appeal deserves to be allowed by quashing and setting aside the impugned award.
Upon consideration of scheme and plain meaning of Section 140 of the Act and the decision of this Court in the case of New India Assurance Co. Ltd vs. Mithakhan Dinakhan Notiyar and others, reported in 1995 (2) GLR 1111, it does not fasten any liability upon the claimant to plead negligence or any other grounds except what is required under the said Section and, therefore, when Section 144 of the Act provides over-riding effect to Chapter X over other Chapters or of any other law for the time being in force, the impugned order of the Tribunal cannot be said to be illegal, warranting interference of this Court under Section 173 of the Act. This appeal has no merit and is dismissed summarily. Consequently, Civil Application is disposed of.
(ANANT S. DAVE, J.) (swamy) Top