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Swapnil Madhukar Ramade (Minor) Through His Mother Vs. Raja Ram Jagu Sahu and ors. - Court Judgment

SooperKanoon Citation
SubjectInsurance;Motor Vehicles
CourtMumbai High Court
Decided On
Judge
Reported inIV(2006)ACC685
AppellantSwapnil Madhukar Ramade (Minor) Through His Mother
RespondentRaja Ram Jagu Sahu and ors.
Excerpt:
.....bombay court fees act is the provisions of section 33 of the 1940act and bare comparison of that provision with the provisions of sub-section (1) of section 34 of the 1996 act shows that the provision of section 33 of 1940 act is repealed and re-enacted in sub-section (1) of section 34 of the 1996 act with slight modification. therefore, reference to the provisions of section 33 of the 1940 act in article 3 of schedule-i of the bombay court fees act has to be construed, in view of the provisions of section 8 of the general clauses act, as reference to the provisions of section 34 of the 1996 act. so far as an appeal filed under section 37 of the 1996 act is concerned, perusal of section 37 shows that an appeal is provided to the appellate court against an order setting aside an..........present petition.4. application under section 140 preferred by petitioner has been rejected by the learned member of motor accident claims tribunal on the ground that the medical certificate is dated 12th april, 2004 whereas the injuries are of 3rd june, 2001. the court has rejected the application because the latest position about injuries is not brought on record. application is under section 140 of the motor vehicles act which is for payment of compensation on the principle of no-fault liability. it is expected of the tribunal to decide the matter considering the intent and purpose for which this provision is made. the order under challenge contains observations of the learned member to the effect that the applicant has not made out a case of disability as contemplated by section 140.....
Judgment:

S.C. Dharmadhikari, J.

1. Mr. Kotak appearing for petitioner. He states that respondent No. 2, Insurance Company is contesting respondent and service is effected. He seeks time to place affidavit proving the same.

2. Affidavit to be filed within a period of one week from today.

3. Since the second respondent has received a copy of petition, along with its annexures with the communication of petitioner's Advocate dated 11th February, 2006 and the order that I propose to pass, causing no prejudice to it, I am disposing of the present petition.

4. Application under Section 140 preferred by petitioner has been rejected by the learned Member of Motor Accident Claims Tribunal on the ground that the medical certificate is dated 12th April, 2004 whereas the injuries are of 3rd June, 2001. The Court has rejected the application because the latest position about injuries is not brought on record. Application is under Section 140 of the Motor Vehicles Act which is for payment of compensation on the principle of no-fault liability. It is expected of the Tribunal to decide the matter considering the intent and purpose for which this provision is made. The order under challenge contains observations of the learned Member to the effect that the applicant has not made out a case of disability as contemplated by Section 140 read with Section 142 of M.V. Act. In my view the observations made, overlook the certificate and the contents thereof. Further, they overlook the intent and purpose of incorporating the provision of no-fault liability in the M.V. Act.

5. In these circumstances, interest of justice would be served if the order passed by the learned Member dated 1st October, 2004 is set aside and the application under Section 140 being Application Ext. 2 in Claim Application No. 156-A/2001 is restored to the file of learned Member for disposal afresh in accordance with law. The Trial Court shall endeavour and dispose of the said application within a period of four weeks from the date of production of copy of this order. Petition disposed of.




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