ORIENTAL INSURANCE CO LTD, NEW DELHI Vs. CHITAMAN

JUDGEMENT

(1.) Civil Revision 602 of 1992 has been filed by the insurer against a decision under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act') directing the Insurance Company to pay compensation on account of no fault liability. Civil Revisions Nos. 589/92 and 454/93 have been filed by claimants in different cases against rejection of the claim for compensation under Section 140 of the Act. Civil Revision No. 70/93 has been filed by an owner of the vehicle alleged to have been involved in an accident who has been directed under Section 140 to pay compensation on account of no fault liability. Civil Revision No. 590/ 92 has been filed by an owner of the vehicle similarly placed. M.P. No. 2351/92 has been filed by a claimant under Article 227 of the Constitution whose claim for compensation under Section 140 of the Act has been rejected.

(2.) The civil revision petitions have been referred to a Full Bench by a learned single Judge. The petition under Article 227 of the Constitution has been referred to a Full Bench by a Division Bench. Thus the cases came up before a Full Bench of three Judges who in the course of hearing were of the opinion that an earlier decision of a Full Bench in Gaya Prasad v. Suresh Kumar, 1992 MPLJ 485, may require reconsideration. Ac cordingly, the Full Bench referred the matter to a larger Bench. That is how this larger Bench has been constituted.

(3.) The cases involve grant or refusal, as the case may be, of compensation by M.A.C. Tribunal under Section 140 of the Act, the unsuccessful parties having invoked either jurisdiction of the High Court under Section 115, C.P.C. or the supervisory jurisdiction of this Court under Article 227 of the Constitution. They have done so in view of the decision in Gaya Prasad's case, 1992 MPLJ 485 to the effect that no appeal lies against a decision of the Tribunal under Section 140 of the Act. Two Judges of the Full Bench took that view while the third Judge took a contrary view. The Full Bench overruled an earlier decision of the Division Bench in Oriental Insurance Company Ltd. v. Pritamlal, 1989 MPLJ 580 where it has been held that an appeal lies against such an award.