SARDAR TARUNVEER SINGH SACHDEVA Vs. PREMNARAYAN AHIRWAR

JUDGEMENT

(1.) THIS appeal is filed by the claimants challenging order dated 6.7.2005 whereby the 4th Additional Motor Accident Claims Tribunal, Gwalior has refused to pass interim award in favour of the present claimants appellants in Claim Case No. 144/04.

(2.) THE brief facts of the case are that the appellants have filed a claim petition alleging that father of the appellants Harbhajan Singh Sachdeva met with an accident on 28.6.2004 with an Auto (three wheeler) bearing Registration No. MP-07-2591. Due to the said accident Harbhajan Singh died. A report to this effect was lodged on the same day but the registration number of the offending vehicle was not mentioned in the report. The police investigated the matter and found that accident had taken place due to rash and negligent driving of the auto bearing Registration No. MP-07-2591, which was being rashly and negligently driven by its driver, respondent No. 1.The claim petition was filed for compensation alongwith an application under section 140 of the Motor Vehicles Act. Said application is rejected by the impugned order on the ground that the registration number of the offending vehicle was mentioned first time after ten days of the accident, hence the Claims Tribunal observed that the involvement of the vehicle in the accident is doubtful.

(3.) COUNSEL for the respondent relying on the judgment of this Court in the case of Harendra Singh v. Ranjeet Kaur [1997 (II) MPWN 120] has stated that in a case of doubtful accident the amount of interim compensation should be disbursed at the time of final award. However, I am not inclined to accept this argument as the realisation of the amount of interim award at the time of final decision would frustrate the very object of section 140 of the Act.