UNITED INDIA INSURANCE CO LTD Vs. PUTI MAHATO

JUDGEMENT

(1.) THE instant application under Article 227 of the Constitution of india has been directed against the order dated 12. 12. 2006 passed by the learned judge, Motor Accidents Claims Tribunal, purulia in Motor Accident Claim Case No. 156 of 2004, whereby the opposite party no. 1/petitioner United India Insurance co. Ltd. was directed to pay Rs. 50,000 by way of interim award.

(2.) CHALLENGING the impugned order, Mr. K. K. Das, learned counsel, representing the petitioner, submitted that in passing an award under section 140 of Motor Vehicles act, 1988, the learned Tribunal failed to appreciate that insurance company could not be saddled with the liability of paying the compensation under the provision of section 140 of the Motor Vehicles Act.

(3.) IT is submitted that in terms of the provision of section 140 of the Motor Vehicles Act, only the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of death or disablement. In view of the exclusion of the insurer from the purview of section 140 of the Motor Vehicles Act, the direction upon the petitioner to pay interim award under section 140 of Motor Vehicles act cannot be sustained, as urged by Mr. Das.