DIVISIONAL MANAGER UNITED INDIA Vs. SOMANI GHOSH

JUDGEMENT

(1.) CHALLENGING the direction to the insurer to indemnify the owner regarding the liability under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the insurer has filed this appeal.

(2.) IN the claim petition it is asserted that on 17.8.1990 the deceased after completion of his work in Kaniha Block was returning in a jeep bearing registration No. MVZ 3534 belonging to Mineral Exploration Corporation Ltd. Due to rash and negligent driving of the driver, the jeep capsized, as a result of which he died on the spot. Claimants are the legal representatives of the deceased. An application under Section 140 of the Act was filed on 30.3.1991. The owner of the vehicle appeared and filed its written statement admitting the accident and claimed to be indemnified by the insurer. The insurer appeared and prayed for time to file written statement.

(3.) A preliminary objection was raised by the claimants-respondents questioning the maintainability of the appeal. Mr. K.N. Sinha, Counsel for the claimants, vehemently submitted that in view of the fact that Section 140 of the Act occurs in Chapter X and no appeal having been provided in that Chapter the appeal is not maintainable. For the above submission he placed reliance on the decisions in Rajasthan State Road Transport Corporation v. Chhitariya ; Gay a Prasad v. Suresh Kumar ; State of Assam v. Pranesh Debnath and New India Assurance Co. Ltd. v. Motor Accidents Claims Tribunal .