STATE OF TRIPURA Vs. JHARNA PAUL

JUDGEMENT

(1.) Heard Mr. A .Ghosh, learned counsel for the petitioner as well as Mr Samik Deb, learned counsel for the respondents.

(2.) Being aggrieved by an order dated 27.8.99 passed by the learned member, Motor Accident Claims Tribunal, West Tripura District in case No. Misc. (MAC) No. 104/1998 deciding the prayer of the claimant on 'no-fault liability' under Section 140 of the Motor Vehicles Act (MV Act), the State of Tripura-the owner of the offending vehicle filed the present revision petition under Section 115 of CPC read with Article 227 of the Constitution of India.

(3.) Learned counsel for the respondents, at the very outset, raised a preliminary objection as to the maintainability of the revision petition and, according to him, in order to by pass the statutory deposit the petitioner instead of preferring appeal under Section 173 of the MV Act filed this revision petition and as such it should be dismissed in limine.