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Judgment
Fakhruddin, J.—Heard.
This appeal has been filed u/s 173 of the Motor Vehicles Act against the award dated 24-7-2002 passed by the VIth Additional Motor Accident Claims Tribunal, Durg.
Initially statement was made by Counsel for the appellant that the matter was to be heard by the Division Bench whereas the appeal is against the no fault liability/award of compensation of Rs. 50,000/-. Counsel submits that this statement has been made inadvertently.
So far as no fault liability is concerned, it is not in dispute that the accident occurred out of the use of the Motor Vehicle. It is not in dispute that is that the vehicle which is insured has dashed with the offending truck. Soon after the incident, the matter was reported to the Police Station, Don-gargarh. The police registered Crime No. 201/2000 and investigated the matter. The post-mortem report, seizure memo and documents have been filed which show that the person was the registered owner who drove the vehicle and as a result of his rash and negligent driving one Santosh died. The legal representatives of Santosh have been awarded no fault liability.
Having considered the facts and circumstances and material on record, there is no infirmity in the impugned order. It is, however, noted that while passing the award, the Claims Tribunal has granted two months time to the Insurance Company and the owner to deposit the amount under award. This is contrary to Sub-rule (2) of Rule 227 of the M.P. Motor Vehicles Rules which as is now adopted by the State of Chhattisgarh.
Rule 227 (2) of the M.P. Motor Vehicles Rules is relevant here and is quoted herein below for the purpose :--
"227. Judgment and award of compensation u/s 140.-- (1) The Claims Tribunal shall proceed to award the claim of compensations u/s 140 on the basis of-
(a) ***
(b) ***
(c) ***
(d) ***
(e) ***
(2) The Claims Tribunal in passing orders shall make an award of compensation in respect of the death or permanent disablement to be paid by the insurer or owner of the vehicle involved in the accident, within a period of thirty days."
In view of the above statutory requirement, the Claims Tribunal was not justified in granting two months time & to be careful and noted by all the Tribunals.
It is stated that an amount of Rs. 25,000/- has already been deposited.
It is directed that rest of Rs. 25,000/- be deposited within 30 days from today, falling which it will carry interest @ 9% thereon.
C.C. as per rules.
Copy to Tribunals for compliance.