BAKUL DEBNATH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THESE writ appeals are directed against the common judgment and order dated 06. 07. 2000 passed by the learned single Judge of this Court in WP (C) No. 235 of 2000.

(2.) HEARD Mr. Soumik Deb, learned counsel for the appellants/claimants and also heard Mr. P. Goutam and Mr. K. Bhattacharjee, learned counsel appearing for the respondent-writ petitioners, Oriental Insurance Company, in the aforesaid two writ appeals respectively.

(3.) AT the outset, the learned counsel for the writ petitioners/respondents submits that the only question involved in this matter which requires to be answered by us is as to whether an LPA/writ appeal preferred against the judgment and order of a learned single judge passed under Article 227 of the Constitution setting aside the award of compensation passed by the learned Motor Accident Claims Tribunal (for short, "mact") having no jurisdiction, completely perverse, nullity and also contrary to the prescription by the MV Act, is maintainable or not; and/or whether an award of compensation passed under Section 140 of the Act by the learned tribunal which is not being arisen out of use of motor vehicle, as required under Section 140 of the Act, quashed by the impugned judgment and order of the learned single judge of the High Court in exercise of supervisory power under Article 227, is called for our interference or not.