ORIENTAL INSURANCE COMPANY LIMITED Vs. SAROJBEN DINESHBHAI MANIAR

JUDGEMENT

(1.) THE present appeal has been preferred against an interim order dated 30th December, 2011 passed by the Motor Accident Claims Tribunal (Main) at Bhavnagar in MACP No. 85 of 2011. The order impugned has been passed in an application under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act ), whereby the learned Tribunal has awarded Rs. 25,000/- with interest @ 7.5% in view of No Fault Liability clause.

(2.) AFTER hearing the appellant, by order dated 14th August 2012, the appeal was admitted and process was issued. In response to the process issued by the court, learned Advocate Mr Rutvij Oza has appeared for respondent No.1-original claimant.

(3.) IT is the case of the appellant that during the course of hearing of the MACP No.85 of 2011, the original claimant had submitted an application Exh.5 under section 140 of the Act claiming interim compensation available under the aforesaid provisions of the Act and though the appellant had raised statutory defence, the learned Tribunal has, without deciding the said statutory defence, passed the impugned order dated 30th December 2011 below Exh.5 application and awarded Rs. 25,000/- towards interim compensation under section 140 of the Act in favour of the claimant. Learned counsel for the appellant has submitted that the appellant and respondent No.2-original opponents No. 1 and 2 i.e. owner of the offending vehicle and the insurance company have been jointly and severally held liable for payment of the said interim compensation. Aggrieved by the said decision of the learned Tribunal allowing interim compensation without deciding the statutory defence, the appellant is before this court.