NEW INDIA ASSURANCE Vs. ASHESHA SINHA @ ANAMIKA © RIMJHIM

JUDGEMENT

(1.) ALL the three appeals arise out of the same judgment and award, hence all the appeals have been heard together and are being disposed of by this common order.

(2.) THE appellant -Insurance Company has filed the appeals against the order dated 16.3.2002 passed in Claim Cases No. 31, 33 and 32 of 2000 by the Addl. District and Sessions Judge -VI -cum - Accident Claim Tribunal, Patna by which the Tribunal has allowed the application filed by the claimants under Section 140 of the M.V. Act awarding ad interim compensation to the tune of Rs. 50,000/ - to the claimants. Learned counsel for the appellant submitted that in the present case the accident had taken place at some place in the State of U.P. and the owner of the offending vehicle is also resident of U.P. and the claimants reside in U.K. and therefore, the Tribunal at Patna had no jurisdiction to grant ad interim compensation to the claimants. Learned counsel for the respondents claimants, in reply, submitted that the mother, father and sister of the claimants died in the accident. He further submitted that the claimants are permanent residents of the district of Patna and they have their temporary residence in U.K. only for the purposes of pursuing their studies. Therefore, there is no substance in the submissions of the Insurance Company that the court of Claims Tribunal -cum - Addl. District Judge, Patna has no jurisdiction to pass this order.

(3.) THE further ground taken by the Insurance Company is that the claim application has been filed by respondent no. 3 on the basis of unregistered power of Attorney executed by the respondent no. 1. Hence, no compensation could be awarded in favour of respondent no. 3.