UNITED INDIA INSURANCE CO LTD Vs. SHIBANI SANTRA

JUDGEMENT

(1.) This appeal is directed against an order passed by the learned Motor Accidents Claims Tribunal, Durgapur, (which we shall henceforth describe as "Tribunal"), passed under Section 140 of the Motor Vehicles Act, 1988 (the Act in short). The appeal arises out of an application made by the legal representatives of a deceased victim of an accident, and a sum of Rs.50,000/- (rupees fifty thousand), has been directed to be paid to the claimants.

(2.) The victim, in this case, one Sanjeeb Kumar Santra had died in a motor accident on 5th August 2001. Before the Tribunal, death of the victim in the accident and the involvement of the vehicle have been established. The only ground urged against the order of the Tribunal is that at the time of occurrence of the accident, there was no insurance coverage of the vehicle in question.

(3.) The appellnt before us is the Insurance Company and they are seeking to deny their liability to meet the compensation amount as directed by the Tribunal. On behalf of the respondents (claimants), a preliminary point has been taken that the appeal is not maintainable as an order under Section 140 of the Act is not an appealable order.