UNITED INDIA INSURANCE CO LTD Vs. MANORANJAN JENA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 8.10.1999 passed by the 3rd Motor Accidents Claims Tribunal, Jajpur, in M.A.C.C. No. 22 of 1999, the United India Insurance Company Ltd. has filed this appeal under Section 173 of the Motor Vehicles Act.

(2.) THE fact of the case in brief, is that on 18.1.1999 at about 12.40 P.M. when the claimant -respondent No. 1 was travelling from Sathipur to Jajpur town in a trekker bearing registration No. OR -04 -A -5969, near Baleswar the trekker collided with a mini -truck which was coming from opposite direction. Due to the aforesaid collision the claimant -respondent No. 1 was injured and his right elbow joint totally dislocated for which he was hospitalised. After his recovery, the respondent filed the petition claiming compensation before the learned Motor Accidents Claims Tribunal, Jajpur.

(3.) LIABILITY to pay compensation under Section 140 of the Motor Vehicles Act on the principle of no fault is in the nature of interim award. Compensation is payable under this provision where death or permanent disability resulted from an accident arising out of the use of a motor vehicle or motor vehicles. In the present case, it has not been disputed that the respondent No. 2 was not the owner of the offending vehicle or that the vehicle was not insured with the appellant. A perusal of the impugned order goes to show that the Tribunal arrived at the appellant's liability to pay compensation on the basis of oral as well as documentary evidence on record. In such circumstances there is no scope to challenge the impugned order. The appeal is liable to be dismissed. The appeal is dismissed accordingly.