Kamlabai w/o Maheshwar Nagarkar & Anr. vs Ambikaprasad s/o Keshavprasad Dubey & Ors.

. Heard Dr. R. S. Sundaram, learned Counsel for the Appellants and Ms. S. H. Bhatia, learned Counsel for the Respondent No.3. None appeared for the Respondent No.1. Respondent No.2 is deleted vide Court’s order dated 6/7/2010.

By the present Appeal, Appellant/Claimant has assailed the order dated 23/6/2000 passed by the Motor Accident Claims Tribunal, Wardha on the application for compensation under Section 140 of the Motor Vehicles Act in Claim Petition No. 133/1995, whereby the said application has been rejected by the Tribunal.

The learned Counsel for both sides stated that they could not trace out the correct position of the main Claim Petition No. 133/1995. According to them, till date same is pending on the file of Motor Accident Claims Tribunal due to pendency of the present Appeal.

The bare perusal of the order, which is under challenge in the present Appeal, is admittedly arising out of interim application filed by the Claimant under Section 140 of the Motor Vehicles Act, 1988. According to the settled position of law, while deciding the interim application, the Tribunal has only to verify whether an accident occurred or not, and if the accident has been occurred and the deceased caused death in the said accident, then in that circumstances, irrespective of merits of the case, the application is to be allowed.

In the present case, perusal of the impugned order demonstrates the fact that on the basis of First Information Report, the learned Tribunal has recorded the finding that as the death of deceased Sanjay Nagarkar was not caused due to accident by using motor vehicle, the Claimants therein are not entitled for compensation under Section 140 of the Motor Vehicles Act. As such, the learned Tribunal, by considering the legal position, has decided the application.

It is pertinent to note that this matter is pending on the file of this Court since the year 2010. The parties are not in a position to point out whether the main Claim Petition has been decided or pending on the file of Motor Accident Claims Tribunal, Wardha. As such, keeping the Appeal pending in any case, is not justified in the facts and circumstances of the case, more particularly, for the reason that present Appeal has been filed before this Court against the rejection of application under Section 140 of the Motor Vehicles Act. If the Appellants are otherwise entitled for compensation, same can determined after considering the evidence made available on record.

In the circumstances, I am of the opinion that following order will meet the ends of justice. Resultantly, I proceed to pass following order.