SURYA JYOTI DEVI Vs. KRISHNA KUMAR SINGH

JUDGEMENT

(1.) THE Additional Motor Vehicle Accident Claims Tribunal disallowed the appellant's application for interim compensation under Section 140 of the Motor Vehicles Act for the reasons given in para -5 of the order under appeal. The Tribunal has expressed doubt as to whether Mini Bus No. BRC 5129. was involved in the accident at all.

(2.) IN order to show that this vehicle was involved in the accident, the appellants have referred to paragraphs 4 and 5 of the order. The Tribunal was not fully convinced about the involvement of this vehicle in the accident.

(3.) LEARNED counsel for the appellants has relied on two decisions of the Supreme Court to support his contention that the proceeding under Section 140, MV Act is a summary proceeding, where such plea cannot be raised. In (1991) 3 SCC 530 (Shivaji Dayanu Patil vs. Vatschala Uttam More), the Supreme Court held that for disposing of the application under Section 92A of the Motor Vehicle Act (now Section 140 of the Act), the Tribunal is not required to hold regular trial in the same manner as for adjudicating a claim petition under Section 110A of the Act.