NATIONAL INSURANCE COMPANY LTD Vs. JAIRANI

JUDGEMENT

(1.) THIS appeal directed against the award of the Motor Accident Claims Tribunal (in brief the Tribunal) gives rise to an interesting question of law, whther on an application filed under Section 170 of the Motor Vehicles act, 1988 (in brief the Act) by the Insurance company, if no order is passed by the Tribunal, what would be its effect on the award; whether the Insurance Company can be permitted to challenge the award of the Tribunal in an appeal under Section 173 (1) if the application under Section 170 of the Act is not decided?

(2.) THE brief facts are that on 26th November, 1999 Dr. Shiv Kumar was riding on his motorcycle No. UP-78/g-6967. On the pillion of the motorcycle Shiv Shankar Verma was sitting. The Truck No. UP-78/t-1896 dashed the motor cycle. Due to injuries received in the accident Dr. Shiv Kumar died on the spot. The pillion rider Shiv Shankar Verma was also seriously injured and he died at Regency hospital. The truck was owned by smt. Satyawati and Shailendrakumar. lt was insured by the appellant.

(3.) THE legal representatives of Dr. Shiv kumarfiledm. A. C. P. No. 142 of 2000 claiming rs. 25,20,000/- as compensation under section 140 and 166 of the Act and rs. 30,000/- damages for motorcycle. The owners and insurer both filed written statements. The appellant-Insurance company filed an application under section 170 of the Act which remained pending and no order was passed on it by thetribunal.