RASHEED AHMAD Vs. MANOJ KUMAR AND OTHERS

JUDGEMENT

(1.) The present Misc. Appeal has been preferred challenging the award dated 12.9.2000 passed by Motor Accident Claims Tribunal, Tonk in MACT case No. 419/98 whereby the Insurance company has been exonerated at the stage of no fault liability.

(2.) The appeal has been filed to the effect that the Insurance Company ought not to have exonerated from the liability of payment of interim compensation as required under Sec. 140 of the Motor Vehicle Act and should have been foisted the liability on Insurance company as well.

(3.) The accident had occurred on 9.9.98 when the claimant was hit by the moped No. RT-26/M-4030. On filing the claim application the Tribunal had ordered to pay compensation Rs. 25,000.00 as interim compensation as required under Sec. 140 of Motor Vehicle Act but had held that the amount should be paid by the owner and not by the Insurance Company.