ORIENTAL INSURANCE COMPANY LIMITED Vs. SARJU RAM

JUDGEMENT

(1.) This appeal, at the instance of the appellant-M/s Oriental Insurance Company Ltd. is directed against the order dated 5-8-99 passed by District Judge-cum-Claims Tribunal, Hazaribagh in Claim Case No. 183/98 awarding interim compensation under S. 140 of the Motor Vehicles Act, 1988.

(2.) It appears that the claimants filed an application before the Claims Tribunal under S. 140 of the Act claiming interim compensation for the death of their son aged 18 years in a motor vehicle accident. The appellant Insurance Company appeared in the said case and filed show cause admitting that the vehicle was insured with the said Insurance Company. The appellant did not raise any serious objection with regard to the claim of the claimants and the Tribunal, therefore, awarded interim compensation.

(3.) Mrs. Banani Verma, learned counsel appearing for the appellant, assailed the order solely on the technical ground that the claims tribunal ought not to have entertained the application under S. 140 of the Act as no application under S. 166 of the said Act was filed by the claimants. Learned counsel, in this connection, relied upon a decision of a Bench of this Court in the case of Divisional Manager, Oriental Insurance Company v. Guljari Kuer (1999) 1 PLJR 872.