NEW INDIA ASSURANCE CO LTD Vs. ASHADEVI

JUDGEMENT

(1.) COUNSEL heard. This appeal is being disposed of finally at the admission stage itself.

(2.) THIS is an appeal arising out of an interim award passed by the Motor Accidents Claims Tribunal, Datia (for short 'the Tribunal') under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act' ). The grievance of the appellant is that the accident was not only denied by the appellant insurance company but by the owner of the vehicle also; therefore, the Tribunal ought to have held a summary enquiry before passing the interim award and that having not been done, the interim award passed is without any jurisdiction.

(3.) AFTER hearing counsel and Mr. Arun Mishra, counsel for the respondents/claimants, I am of the opinion that the contention of the counsel for the appellant has no merit. The record of the Tribunal shows that the claimants for seeking the relief under Section 140 of the Act not only filed certified copy of the 'challan' against the driver of the vehicle involved in the accident, but also filed copies of the post-mortem report and the first information report, wherein the number of the vehicle involved in the accident is clearly mentioned. In view of this, the Tribunal has come to a prima facie finding that the vehicle was involved in the accident. Therefore, it cannot be said in any manner that the interim award passed was without any material or enquiry.