NEW INDIA ASSURANCE CO LTD Vs. SMTI LALHLMINGTHANGI

JUDGEMENT

(1.) These five petitions, WP (C) Nos 132 to 136 of 2003 under Article 2267 227 of the Constitution of India were presented by the same petitioner, i. e. the new India Assurance Company Ltd, Aizawl Branch, Aizawl with intend to challenge legality of 'awards' (orders) passed by learned Member, MACT, aizawl in MACT Case Nos 43, 44, 45, 46 and 47 of 2003 on 6th June, 2003.

(2.) Hi view of the fact that all petitions were presented by the same insurer against different claimants along with the common owner of the vehicle which was involved in the accident, they were taken together for disposal by this common judgment and order.

(3.) The accident in question took place on 6.12.2002 near Bualpui North at about 1. 00 AM involving a Mahindra Pick-up vehicle bearing registration no. MZ-01/b-7567. The said vehicle was owned by Shri Lalmalsawema of thuampui, Aizawl (respondent No. 2 herein) and driven by one malsawemthanga having driving licence No. 13260/mz/prof dated 4.11.2001. The owner of the vehicle was impleaded in the claim cases before the Claims tribunal (Motor Accidents Claims Tribunal, Aizawl) as opposite party No. 1 and the present petitioner as opposite party No. 2. The present petitioner presented his written statements/objections challenging maintainability of the claims against the insurer (itself) and also filed petition before the learned Claims tribunal under section 170 of the Motor Vehicle Act, 1988 (herein after to be referred, the Act) which are pending decision of the learned Claims Tribunal. But learned Claims Tribunal has passed interim 'award' (orders) directing payment of Rs. 25,000/- in favour of claimants in each of the cases rejecting objection of the petitioner causing serious prejudice to the petitioner and hence id! these petitions. The question whether these are to be treated as writ petitions or revision petitions vide counter filed will be taken up at appropriate stage.