JAGANNATH SINGH Vs. SALIM KHAN

JUDGEMENT

(1.) THE petitioner's father was run over by a vehicle on A-B Road. The petitioner is the son of deceased Bhagwanlal. A report of the accident was lodged by one Narender Singh, the nephew of deceased Bhagwanlal on 20.7.1992 and the Police investigated the accident.

(2.) THE petitioner preferred a claim petition under Section 166 of the Motor Vehicles Act, 1988 (here in after called the 'Act'), and also filed an application under Section 140 of the Act for the payment of the interim compensation. Alongwith the application, under Section 140 of the Act, the petitioner is stated to have filed the copy of F.I.R., the spot map, the post-mortem report and the japti panchnama of tanker No. M.P. 08/3736, which is stated to be involved in the accident. A copy of the application filed by respondent No. 2 in the Court of J.M.F.C. for the Superego of the seized truck also filed. The copies of the abovestated documents have also been filed with this petition.

(3.) IT is contended by the petitioner's that in view of the decisions of this Court and the clear provisions of Section 140 of the Act, no inquiry was required for awarding interim compensation. I am not convinced of the impact of arguments advanced by the petitioner's Counsel, though there is no dispute about the stated principle.