LIL MOHAN MUNDA Vs. ARSHAD HUSSAIN

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant, Lil Mohan Munda, against the order dated 7.6.2007 passed by the Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 211 of 2005, by which the application filed by the claimant under Section 140 of the Motor Vehicles Act for grant of interim compensation of Rs. 25,000/ - was rejected.

(2.) THE only ground for rejection of the application was on account of discrepancy while recording the number of the vehicle which caused the accident The Tribunal has observed in the impugned order that registration number of the alleged vehicle mentioned in FIR was BR -15P -0151 and in the Fardbayhan also the number was the same i.e. BR -15P -0151, but in the Fardbayan where the name of the accused is mentioned, the number of the bus was mentioned as BR -14P -0151. The Tribunal, therefore, held that the identity of the vehicle is not proved without doubt as to whether the vehicle which caused the accident was BR -14P -151 or it was BR -15P -0151. This was the sole ground on the basis of which the claim petition was rejected.

(3.) THE identify of the vehicle having been reasonably proved on account of the fact stated hereinbefore, we are of the view that the Tribunal was not legally justified in disbelieving the identity of the vehicle and refusing to pay the interim compensation. The Tribunal, in our view, could have allowed the payment of interim compensation which was bound to be subject to the result of the final determination of the Compensation. The Tribunal, therefore, was not justified in dismissing the application for grant of interim compensation.