PATNA MUNICIPAL CORPORATION Vs. KALAWATI DEVI

JUDGEMENT

(1.) This appeal has been preferred by Patna Municipal Corporation through its Administrator which impugns order dated 15.5.99 recorded by the Motor Accidents Claims Tribunal (Additional District and Sessions Judge VII, Patna) in Claim Case No. 124 of 1997 by which, under the provision of section 140 of the Motor Vehicles Act, 1988, Patna Municipal Corporation has been directed to pay interim compensation of Rs. 50,000 to the claimants.

(2.) Learned counsel for the claimants/ respondent Nos. 1 to 5, 6 and 7 are present and with their consent, this appeal is being disposed of at this stage. It was submitted that the other two respondents did not ap pear even in the lower court.

(3.) The facts in short are that on 27.5.98 respondent No. 6, Central Coal Field Limited, which was the owner of offending vehicle, had filed an application that Mahesh Choudhary, a hawker had died in accident on 27.7.97 in the town of Patna. The aforesaid vehicle was earlier seized by the Sub- Divisional Magistrate, Ramgarh, Hazari bagh and was sent to the Patna Municipal Corporation at Patna with driver for clearing waterlogging in the town of Patna for which orders were passed by this court. It was claimed that on the date of accident, the vehicle was under control of opposite party Nos. 3 and 5, the driver and the Patna Municipal Corporation.