JAVED AHMED SHAH Vs. PARVEENA BANOO
HIGH COURT OF JAMMU AND KASHMIR
JAVED AHMAD SHAH
Click here to view full judgement.
(1.) A victim of a vehicular accident namely Bashir Ahmad Zargar having succumbed to injuries, resultantly, a claim for compensation before the Tribunal way back in the year 2000 by his unfortunate three daughters and a widow. Along side, a motion was laid for interim relief under Section 140 of the Motor Vehicles Act which came to be allowed on 15-9-2001 on the principle of "No Fault Liability" commanding the registered owner, Javed Ahmad Shah, petitioner herein, to deposit a sum of rupees fifty thousand with the Tribunal for its disbursement to the claimants-respondents herein. Order was sought to be reviewed by the registered owner through a Review Petition, which failed. A remedy by medium of writ petition too failed. In the process of remedies aforementioned, half a decade has been consumed. Yet another abortive attempt to stall the execution of the interim award through the revision petition on hand by the registered owner throwing challenge to the interim relief on the basis of his disclaimer of the proprietary rights in respect of the offending vehicle. To bring home the point, reference is made to some judicial decisions which have no bearing on the controversy because same are based on the findings of the fact returned finally. Judgments are cited by learned counsel for the petitioner but none deals with the interim relief, therefore, not attracted.
(2.) Reverting to the claim, it needs to be noticed that grant of interim relief does not presuppose any enquiry, obviously, in absence of any enquiry it is the material available before the Tribunal which alone has to weigh with it and the material available being registered ownership of the offending vehicle favouring the petitioner the Tribunal cannot be said to have faultered in granting the interim relief. It goes without saying that unless a finding to the contrary is returned, the petitioner-owner cannot escape the liability of the interim relief. Nonetheless if the final finding absolves the petitioner of the liability it shall be obligatory upon the Tribunal to pass orders for reimbursement of the amount to the petitioner.
(3.) For the reasons detailed in the proceeding paras, this civil revision petition fails and is dismissed along with CMPs. However, no order as to costs. Amount deposited in the Registry by the petitioner shall be transmitted to the Tribunal forthwith. Petition dismissed.;
Copyright © Regent Computronics Pvt.Ltd.