SATISH KUMAR Vs. PROMILA KUMAR

JUDGEMENT

(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: -