Rinku Jaising Jadhav And Ors vs Jagdish Jaising Jadhav And Ors

Sr.No,POINTS,FINDINGS

1),"Whether the applicants have primaÂ​facie show that deceased Jaising died in vehicular accident on 18.9.2016 at Shivaji Phata

near Sakri Nandurbar Road, Tq. Sakri Dist. Dhule ?","In the

affirmative.

2),Whether the applicants are entitled to get compensation under Section 140 of the Motor Vehicles Act ?,"In the

affirmative.

involvement of the Ape Rickshaw. A very cryptic order has been passed, which is not expected.",,

Now, after filing of this appeal the record and proceedings is called and it shows that the matter was proceeded exÂparte against Opponent Nos.",,

1 & 2 when the impugned order was passed. By getting that order set aside, Opponent Nos. 1 and 2 have appeared and they have produced the",,

Written Statement on record, which has been accepted by the Tribunal. Under such circumstances, there is no hurdle in considering the say of",,

respondent Nos. 1 and 2 having accepted the fact of accident. That means the involvement of the Ape Rickshaw owned by respondent No. 2 and it,,

was insured with respondent No. 3 in the said accident has been accepted by them. Deceased Jaising was pillion rider. Under such circumstances, he",,

could not have been in any way contributed to the accident. In other words, there was no fault on the part of Jaising in the said accident, therefore, the",,

said application deserves to be allowed by setting aside the order passed by the learned Tribunal, therefore, points are answered accordingly. Hence",,

the following order :,,

ORDER.,,

1) Appeal is hereby allowed.,,

2) The order below Exh. 5 in MACP No. 903 of 2016 passed by the learned Member of Motor Accident Claims Tribunal, Dhule, dated 14.12.2017 is",,

hereby set aside.,,

3) Application Exh. 5 stands allowed.,,

4) Respondent Nos. 1 to 3 are hereby directed to pay jointly and severally amount of Rs. 50,000/Â (Rs.Fifty Thousand Only) towards No Fault",,

Liability under Section 140 of the Motor vehicles Act, 1988 to the applicants, within the period of two months from today. In case, of failure on the",,

part of the respondents to pay that amount within the aforesaid stipulated period, the amount shall carry interest @ 7.5% p.a. from the date of",,

application till actual realization of entire amount.,,

5) After amount is deposited, the amount of Rs. 7,000/Â (Rs. Seven Thousand Only) each, be kept in the name of applicant/appellant Nos. 2 and 3, in",,

fixed deposit in any Nationalized Bank, till the attainment of their respective majority by showing appellant/ applicant No. 1 as their guardian by her",,

choice.,,

6) After the attainment of majority by appellant Nos. 2 and 3, the amount under fixed deposit together with interest be paid to them, without further",,

reference to any Court.,,

7) From rest of the amount, an amount of Rs. 10,000/Â​ (Rs. Ten Thousand Only) be given to appellant No. 4.",,

8) Rest of the entire amount be given to applicant No. 1.,,

9) Award be drawn up accordingly.,,

10) The record and proceeding be sent back to the concerned court.,,