Madhya Pradesh High Court
New India Assurance Co. Ltd. vs Heera Singh And Ors. on 5 November, 1993
Equivalent citations: II(1994)ACC348, 1995ACJ529
JUDGMENT A.R. Tiwari, J.
1. This revision petition has been filed against the interim award passed on 9.10.1993 by the learned Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 71 of 1993.
2. The petitioner has challenged the validity of this award on the ground that the non-applicant No. 2 on the basis of the papers available on record is a minor being aged 17 years and as such, was not eligible to own a driving licence. In this linchpin, it is urged that the Tribunal has committed an error in passing the interim award.
3. The interim award is provided by a benevolent provision in the Motor Vehicles Act and is intended to help the victims of the accident promptly and to prevent them from the state of destitution. At this stage, the niceties are not required to be gone into.
4. However, the interest of the person or authority paying the amount may be safeguarded in appropriate cases on imposition of suitable terms. In the circumstances, I find that this revision petition must fail. However, it is directed that the petitioner shall deposit the amount of compensation as awarded by the Tribunal and the claimant shall be permitted to withdraw the same on furnishing appropriate security for restitution in case the claimant is finally held disentitled in any manner.
5. In the circumstances, this revision petition fails and is dismissed summarily without notice to the other side. The aforesaid direction is a step in the interest of justice for both the parties.