DIVISIONAL MANAGER UNITED INDIA Vs. MOYANA MAZUMDAR

JUDGEMENT

(1.) Insurer is the appellant. Appeal has been filed against an order passed under Section 140 directing the appellant to indemnify the owner for its liability under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) A claim petition has been filed by the widow and minor children of one Supriya Mazumdar claiming compensation on account of the accidental death of Supriya Mazumdar (hereinafter referred to as 'the deceased') in a motor vehicle accident on 17.8.1990. In the claim petition it is averred that deceased was working in Branch Office of Mineral Exploration Corporation Ltd., respondent No. 1. After completion of his work in Kanhia block he was returning in the offending vehicle (a jeep) bearing registration No. MZV 3534. Due to rash and negligent driving of the driver, the jeep met with an accident and deceased died at the spot, due to the accident. The application under Section 166 of the Motor Vehicles Act, 1988, was registered as M.A.C.T. Case No 213 of 1990. The claimants filed application for interim compensation as envisaged under Section 140 of the Act which was registered as M.A.C. Misc. Case No. 214 of 1990. The application filed under Section 140 of the Act was taken up for hearing and order was passed on 11.12.1991. In the said order the Tribunal directed the owner of the vehicle to pay a sum of Rs. 25,000/ - as has been mandated under Section 140 and directed the insurer of the said vehicle (appellant) to indemnify the owner and pay the aforesaid amount within a month from the date of the order. He further directed that on failure to pay the aforesaid amount within the stipulated period insurer would be liable to pay penal interest at the rate of 9 per cent per annum.

(3.) THE question of maintainability of the appeal against an order passed under Section 140 of the Act has been decided today in Divisional Manager, United India Insurance Co. Ltd. v. Somani Ghosh M.A. No. 145 of 1992; decided on 2.3.1994, in which it has been held that appeal lies against an order passed under Section 140 of the Act. Therefore, the preliminary objection is overruled.