SHUJAAT Z. DALAL Vs. MUKTABAI VITTHAL LOHAR

JUDGEMENT

(1.) By an order dated 3.12.1992, the Motor Accidents Claims Tribunal, Satara, has directed opponent Nos. 2 and 3 in Motor Accidents Claims Petition No. 300 of 1992 to pay a sum of Rs. 25,000/ - to the claimants towards 'no fault liability' within six weeks from the date of the said order. By the said order it was further provided that in default, the amount shall carry interest at the rate of 12 per cent per annum.

(2.) SHUJAAT Z. Dalai and New India Assurance Co. Ltd. (original opponent Nos. 2 and 3) have filed this First Appeal against the above order directing payment of compensation on account of 'no fault liability' as contemplated under Section 140 of the Motor Vehicles Act, 1988.

(3.) HAVING regard to the above facts, I have reached the conclusion that the appellant No. 1 was the registered owner of the said vehicle at the time of accident. The above referred insurance policy was in force on the date of the accident. The insurance policy was cancelled only in September, 1992. The Motor Vehicles Act, 1988, is a special statute. The provisions of Motor Vehicles Act providing for payment of 'no fault liability' cannot be whittled down merely by reason of theft of the vehicle. The said provisions are made in public interest and must be implemented expeditiously.