KOKILABEN VINAYAKRAO PAJANKAR Vs. JOGASING PURANSING SONGATE

JUDGEMENT

(1.) Present appeal is filed under Section 173 of the Motor Vehicles Act, 1988 ('the Act') to challenge the order dated 11.5.2017 passed by the Motor Accident Claims Tribunal (Aux.) Tribunal No.13, City Civil Court, Ahmedabad ('the Tribunal') below application Exh.3 filed under Section 140 of the Act in Motor Accident Claim Petition No.46 of 2015, mainly on the ground that the respondent No.2 Insurance Company ought to have been fastened with liability to pay the amount of award made under Section 140 of the Act to the appellants.

(2.) Since such is the challenge in the first appeal, the respondent No.1- the owner of the vehicle, who is held liable to pay an amount of Rs.50,000/- awarded under Section 140 of the Act, is not required to be issued with any notice. Since the appeal is on limited point, it could be taken up for final hearing and disposal. Hence, following order is passed:

(3.) In connection with the death of Vinayakrao Chintamanbhai Pajankar (to be referred as 'the deceased') allegedly on account of rash and negligence driving of the vehicle owned by the respondent No.1, the appellants, as heirs of the deceased, have filed the claim petition before the Tribunal seeking compensation under Section 166 of the Act. In such claim petition, they filed application under Section 140 of the Act seeking interim award.