PAMECHA MOTORS Vs. SHAKILA BANO

JUDGEMENT

(1.) THIS appeal has been preferred by Pamecha Motors Finance, the appellant, for assailing the interim award which has been passed by the Motor Accidents Claims Tribunal, Neemuch on 13. 1. 1995 by which the appellant has been directed to pay interim compensation of Rs. 25,000/to respondent Nos. 1 to 4 in view of provisions of Section 140 of Motor Vehicles Act, 1988 (hereinafter 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 employer of the driver of the said tractor and therefore, he cannot be saddled with the responsibility of paying the interim compensation to the claimant-respondent Nos. 1 to 4 in view of the provisions of Section 140 of M. V. Act.

(3.) MR. Z. A. Khan, learned Counsel appearing for respondent Nos. 1 to 4 submitted that the deceased died in the accident which took place on 2. 4. 1994 at 10. 30 a. m. on Jawad Road when Jagdish the driver was driving the tractor MP-14-A-8623. He submitted that the respondent Nos. 1 to 4 are entitled to get the compensation as interim relief in view of the provisions of Section 140 of M. V. Act on account of accidental death of deceased Munna Khan.