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Judgment
Heard learned counsel for the parties.
Vide impugned order, interim direction/relief has been granted by the Motor Accident Claims Tribunal, Budgam, where under person of Abdul
Rashid Bakshi/petitioner has been made liable to pay Rs. 25,000/ as interim relief, when as per averments, his vehicle which is alleged to have
been involved in the accident is duly indemnified and insured with the United India Assurance Company and unnecessarily, he has been made to
indemnify the interim relief. The learned Tribunal should have addressed itself to the aspect of the case that though accident claims are to be
recovered no doubt from the owner and the erring driver and in case the driver or owner is indemnified by the Insurance Company, the usual
practice has been that same is being recovered from the Insurance Company subject to adjustment of the final award and that makes it easy and
also recoverable. Otherwise individuals like the present petitioner make the case drag on under appeals/revision etc. thereby the very purpose of
this legislation is frustrated.
The purpose of incorporating Section 110 into Section 165 in the Motor Vehicles Act was to provide a Tribunal, an easy remedy to the victims
of motor accidents and under those provisions, the Insurance Company has been made liable to cover the risks which have been incurred by the
erring driver or the owner of the vehicle.
In the case in hand, I feel that the Tribunal has deviated the usual track and thereby made this procedure a bit lengthy. The purpose of granting
interim relief is being frustrated. So it is a statutory relief which is to be given to a victim of the motor accidents and ordinarily should be recovered
from the Insurance Company who has to indemnify the same, no doubt subject to final out come of the claim petition. The order impugned is
accordingly modified to this extent and it is directed that let Insurance Company be asked to pay interim relief of Rs. 25000/ to the claimants. Let
the file go to the learned Tribunal for proceeding further in the matter.