(1.) THIS petition, under Article 227 of the Constitution of India, is directed against the order dated 1.1.2014 passed by Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur in CMP No. 1 -6 of 2014 in MAC No. 2/2 of 2009.
(2.) THE facts in brief may be noticed. The respondents No. 1 to 4 preferred a claim petition before the learned Tribunal below on account of death of Gian Chand in a vehicle accident on 31.1.2009 at village Ladhyani at about 6.30 p.m. involving maruti car bearing No. HP -23 -0192. Alongwith the petition, an application, under section 140 of Motor Vehicle Act, 1988 (hereinafter referred to as the Act) was filed, to which application the respondent No. 5 i.e. insurance company filed its reply, wherein it was asserted that there was no contract of insurance between the respondent No. 2 and the owner of the vehicle on the date of accident.
(3.) THE learned Tribunal below has held the present petitioner, who was respondent No. 1 before the learned Tribunal liable for payment of no fault liability in terms of section 140 of the Act by according the following reasoning: -