NEW INDIA ASSURANCE CO LTD Vs. MINA DEVI

JUDGEMENT

(1.) HEARD the learned Counsel Sri Ashok Priyadarshi appearing on behalf of the appellant and Sri Madhurendra Kumar appearing on behalf of the claimants. This appeal has been filed against the order dated 2nd September, 2009 passed by the Motor Vehicles Claims Tribunal-cum-6th Additional District Judge, Motihari in M.V. Claim No. 39/06 whereby the learned Tribunal allowed the application under Section 140 of the Motor Vehicles Act, 1988 and directed the Insurance Company appellant to pay Rs.50,000/- to the claimants respondents.

(2.) THE learned Counsel submitted that the learned Court below has not framed any issue regarding the points raised by the Insurance Company and has directed the Insurance Company to pay Rs.50,000/- to the claimants under Section 140 of the M.V. Act. THE learned Counsel further submitted that in this case the married sister is the claimant who is not Classes-I heir of the deceased and she was not depending on the deceased and without deciding this matter the impugned order has been passed.