AB RASHID BAKSHI Vs. HAJRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) VIDE impugned order, interim direction/ relief has been granted by the Motor Accident Claims Tribunal, Budgam, whereunder person of Abdul Rashid Bakshi/petitioner has been made liable to pay Rs. 25,000/ - as interim relief, when as per averments, his vehicle which is alleged to have been involved in the accident is duly indemnified and insured with the United India Assurance Company and unnecessarily, he has been made to indemnify the interim relief. The learned Tribunal should have addressed itself to the aspect of the case that though accident claims are to be recovered no doubt from the owner and the erring driver and in case the driver or owner is indemnified by the Insurance Company, the usual practice has been that same is being recovered from the Insurance Company subject to adjustment of the final award and that makes it easy and also recoverable. Otherwise individuals like the present petitioner make the case drag on under appeals/revision etc. thereby the very purpose of this legislation is frustrated.

(3.) THE purpose of incorporating Section 110 into Section 165 in the Motor Vehicles Act was to provide a Tribunal, an easy remedy to the victims of motor accidents and under those provisions, the Insurance Company has been made liable to cover the risks which have been incurred by the erring driver or the owner of the vehicle.