Pamecha Motors vs Shakila Bano and Others

J.G. Chitre, J.—This appeal has been preferred by Pamecha Motors Finance, the appellant, for assailing the interim award which has been passed by the Motor Accidents Claims Tribunal, Neemuch on 13.1.1995 by which the appellant has been directed to pay interim compensation of Rs. 25,000/- to respondent Nos. 1 to 4 in view of provisions of Section 140 of Motor Vehicles Act, 1988 (hereinafter referred to as ''M.V. Act'').

The main contention of the appellant is that he is neither owner of the tractor which is the alleged cause of said accident nor the employer of the driver of the said tractor and therefore, he cannot be saddled with the responsibility of paying the interim compensation to the claimant-respondent Nos. 1 to 4 in view of the provisions of Section 140 of M.V. Act.

Mr. Z.A. Khan, learned Counsel appearing for respondent Nos. 1 to 4 submitted that the deceased died in the accident which took place on 2.4.1994 at 10.30 a.m. on Jawad Road when Jagdish the driver was driving the tractor MP-14-A-8623. He submitted that the respondent Nos. 1 to 4 are entitled to get the compensation as interim relief in view of the provisions of Section 140 of M.V. Act on account of accidental death of deceased Munna Khan.

Mr. A.S. Garg, appearing for the respondent No. 5, submitted that the Addl. C.J.M., Jawad has decided the criminal prosecution arising out of the said accident bearing No. Cr. C. 221 of 1994 on 4.11.1995 and had acquitted Jagdish s/o Bherulal Jaiswal, the alleged driver of the said tractor. It is his argument that the said criminal court has come to the conclusion after recording the evidence that the said tractor was not at all involved in any accident which resulted in the death of deceased Munna. He further argued that the said criminal court held after recording the evidence that Jagdish was not driving the tractor which caused the accidental death of Munna, for whom the claimants are claiming the compensation.

After perusing the certified copy of the judgment in the matter of said prosecution and after hearing the arguments advanced on behalf of the contesting parties and seeing impugned interim award, I come to the conclusion that the matter needs to be probed further by MACT for its own conclusion in respect of the allegation made by the claimants that Munna died accidental death on 2.4.1994 at 10.30 a.m. on Jawad Road when allegedly Jagdish s/o Bherulal Jaiswal was driving the tractor bearing No. MP-14-A-8623. The Tribunal after recording necessary evidence should come to a conclusion whether the said tractor was involved in the said accident and it was driven by Jagdish s/o Bherulal, r/o Jawad in view of the judgment of the criminal court in the matter of Cr. C. No. 221 of 1994, which has been decided on 4.11.1995.

So far as present appeal is concerned, the appeal will have to be allowed because by reading all relevant provisions of M.V. Act, it cannot be held that appellant who happens to be financier of the tractor in question can be saddled with the liability of paying interim award to the claimants in view of the provisions of Section 140 of M.V. Act. He needs to be and stands exonerated so far as liability of paying interim compensation amount to claimants in view of Section 140 of M.V. Act. So far as present matter is concerned and the alleged accident and accidental death of Munna is concerned the claimants be not given the amount of interim award if it has been deposited in the office of Tribunal till Tribunal passes an independent order after recording some evidence for the purpose of coming to the conclusion which is necessary to be arrived at in view of Section 140 of M.V. Act. The amount which has been deposited by the appellant in the office of Tribunal be returned to him. So far as the appeal is concerned, no order as to costs in view of the facts and circumstances of the case. The record be despatched forthwith to the Tribunal.