NATIONAL INSURANCE COMPANY LIMITED Vs. AMIYA BORBORA

JUDGEMENT

(1.) By making this application under Article 226/227 of the Constitution of India, the petitioner, namely, M/s. National Insurance Company Ltd. Tezpur, (Assam) has approached this Court seeking issuance of writ/writs setting aside and quashing the impugned order, dated 24-4- 2000, passed by the learned Member, Motor Accident Claims Tribunal, Bomdilla, in MAC No. 1/98, whereby the learned Tribunal has directed the petitioner to pay No Fault liability amount of Rs. 50,000/- within 14 days, and seeking further directions to the respondent No. 3, owner of the vehicle No. AR-03-0162 involved in the accident, to make payment of the said No Fault liability amount.

(2.) The material facts leading to this writ petition may, in brief, be stated as follows : The respondent No. 2 instituted a suit, as claimant, MAC No. 01/98 aforementioned claiming compensation on account of the death of her husband, late Arun Borbora, which was caused in an accident involving the vehicle No. AR-03-0162. The petitioner was impleaded as one of the defendants. The petitioners filed their written statement alleging to the effect that the insurance policy produced by the owner of the vehicle was a forged one inasmuch as their agent had affixed a forged seal on the insurance policy. Learned Tribunal, upon hearing learned counsel for the parties, passed the impugned order, dated 24-4-2000, aforementioned directing the writ petitioner to pay the No Fault liability amount of Rs. 50,000/- in terms of Section 140(2) of the M.V. Act within a period of 14 days.

(3.) I have carefully perused the materials on record including the impugned order. I have heard Mr. T. Son, learned counsel for the petitioner. None has appeared on behalf of the respondents.