ORIENTAL INSURANCE CO LTD Vs. VIDYA DEVI

JUDGEMENT

(1.) This appeal by the insurance company is directed against the award of the Motor Accidents Claims Tribunal, Solan, in M.A.C. Petition No. 22-S/2 of 1995, decided on 12.1.1996.

(2.) The claim petition under section 161 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by the respondents was filed with regard to the death of one Roman Singh who is alleged to have been hit by some truck on 20.4.1991 at about 7 p.m. in Solan Bazar near Bhagwati Steel Industries. No particulars of the truck, driver, owner and insurance company were given. The insurance company specifically took up a plea that the Tribunal had no jurisdiction to try such claim petition. The Claims Tribunal has held that since it is the duly constituted Motor Accidents Claims Tribunal, therefore, it had jurisdiction to entertain and decide the case.

(3.) Section 161 of the Motor Vehicles Act is as follows: