PAMECHA MOTOR FINANCE Vs. SHAKILABANO

JUDGEMENT

(1.) This appeal has been preferred by M/s Pamacha Motor Finance, the appellant for assailing the interim award which has been passed by Motor Accident Claims Tribunal Neemuch on 13-1-95 by which the appellant has been directed to pay interim compensation of Rs. 25,000/- to Respondents 1 to 4 in view of provisions of S. 140 of Motor Vehicles Act 1988 (herein after referred to as M. V. Act.).

(2.) The main contention of the appellant is that he is neither owner of the tractor which is the alleged cause of said accident nor the employee of the driver of the said tractor, and therefore, he cannot be saddled with the responsibility of paying the interim compensation to the claimants(Resp. 1 to 4) in view of the provisions of S. 140 of M. V. Act.

(3.) Shri Z. A. Khan learned counsel appearing for Respondent I to 4 submitted that the deceased died in the accident which took place on 2-4-94 at 10-30 a.m. on Jawad Road when Jagdish the driver was driving the tractor M.P. 14-A -8623. He submitted that the respondents 1 to 4 are entitled to get the compensation as interim relief in view of the provisions of S. 140 of M. V. Act on account of accidental death of deceased Munnakhan.