LAWS(HPH)-2016-7-275

MAST RAM Vs. PAMMI DEVI

Decided On July 15, 2016
MAST RAM Appellant
V/S
Pammi Devi Respondents

JUDGEMENT

(1.) This appeal is directed against the order, dated 28th June, 2011, passed by the Motor Accident Claims Tribunal, Kinnaur Civil Division at Rampur Bushahr, H.P. (for short, "the Tribunal") in CMP No.274-R/6 of 2009, in Claim Petition No.111-R/2 of 2009, titled Pammi Devi & another vs. Ajay Kumar and others, whereby application under Section 140 of the Motor Vehicles Act, 1988 (for short, the Act), was allowed and interim compensation under no fault liability to the tune of Rs.50,000/- was granted in favour of the claimants and the owner was directed to deposit the said amount, (for short the "impugned order").

(2.) Feeling aggrieved, the owner has filed the instant appeal challenging the impugned order on the ground that the Tribunal has fallen into an error in saddling him with the liability.

(3.) It appears that the impugned order passed by the Tribunal is patently illegal and wrong for the simple reason that In terms of section 140, 141, 158(6) and 166(4) of the Act, the Claims Tribunal is required to satisfy itself while determining the petition under section 140 of the Act in respect of the following points.