SHANTI DEVI Vs. BASMATTI DEVI

JUDGEMENT

(1.) This appeal was listed for hearing under Order 41, rule 11 of the Code of Civil Procedure, 1908 when it was heard for final disposal of the appeal at that stage because on 28.10.2002, when learned counsel for appellant relying on judgment of a Division Bench of this court submitted that the impugned order is bad in law, notices to respondents were ordered to be issued but none of the respondents appeared in spite of valid service of notices on them and the appeal is finally disposed of by this order. Appellant has challenged the order dated 24.4.2001 passed by the First Additional Motor Accidents Claims Tribunal, Purnea in Claim Case No. 52 of 1997 allowing the petition filed by respondent Nos. 1 and 2 under section 140 of the Motor Vehicles Act and directing the appellant to pay a sum of Rs. 50,000 as interim compensation to the claimants.

(2.) The brief facts of the case are that deceased Bablu Chauhan, son of respondent Nos. 1 and 2 was a khalasi on appellant's truck bearing registration No. BR 11-2388 and on 1.12.1996 this truck met with an accident resulting in his death. Respondent Nos. 1 and 2 who are parents of Bablu Chauhan filed Claim Case No. 52 of 1997 for compensation. During the pendency of the case, they filed petition under section 140 of Motor Vehicles Act claiming interim compensation. The prayer was allowed.

(3.) It was contended on behalf of the appellant that the vehicle was insured by National Insurance Co. Ltd., respondent No. 3 and relying upon the decisions in 2000 (1) BLJR 1 ; 1999 (1) PLJR 747 and 1999 (1) PLJR 752; it was submitted that insurance company is liable to pay interim compensation to claimants. The impugned order shows that learned counsel for National Insurance Co. Ltd. admitted that vehicle in question was insured at the time of alleged accident but he submitted that according to law it is the owner only who is liable to pay interim compensation to the claimants and in support of this argument decision of this court in M.A. No. 242 of 1999 was relied upon.