RAJAN KUMAR PANDEY Vs. MD MUMTAJ MIAN

JUDGEMENT

(1.) THIS Miscellaneous appeal is directed against the order dated 29th January 1994 passed by the 4th Additional Sessions Judge, Sasaram, Rohtas, in Motor Vehicle Accident Claim Case No. 14 of 1993. whereby the respondent of this Miscellaneous appeal was allowed interim compensation of Rs. 25,000/ - (twenty five thousand) under Section 140 of the Motor Vehicles Act.

(2.) THE appellant 'slawyer submitted before me that the alleged accident, allegedly caused by the appellant 'sbus was denied. As a matter of fact, the respondent 'sson died on account of accident caused by the tractor in which he was travelling. Since the accident by the appellant 'sbus was denied, it was not proper on the part of the lower court to grant interim relief. Of course, the interim relief can be granted without any findings regarding any negligence or fault on the part of vehicle driver or its owner causing the accident; but when the accident itself is denied, no interim compensation can be awarded.

(3.) OF course, interim relief u/s 140 of the M.V. Act can be granted on the basis of no fault liability but the moot question is whether this relief can be granted when accident itself is denied by the owner of the concerned vehicle, which allegedly caused the concerned accident in which respondent or any claimant 'srelative was killed. I am of the opinion that, when an accident is denied, no interim relief can ever be granted without any evidence/material proving the alleged accident by the owner of the concerned vehicle. I think, the impugned order was passed in haste and without proper application of judicial mind. Hence, it cannot be allowed to stand.