ANITA DEVI Vs. BHUNESHWAR SHAH

JUDGEMENT

(1.) 1. Being aggrieved by the order dated 29.11.1995 passed by the Motor Accident Claims Tribunal directing the owner of the vehicle to pay a sum of Rs. 50,000/ - to the appellants, the instant appeal has been preferred by the claimants and not by the owner of the vehicle against whom the impugned order has been passed.

(2.) The contention of Mr. Lal is that as because it will take much time for realising the amount from the owner of the vehicle, the appellants have moved this Court taking a plea that in an order under Section 140 of the M.V. Act, the Insurance Company can also be made liable.

(3.) Provisions of appeal under Motor Vehicles Act is Section 173, which, inter alia, postulates that any person aggrieved by an award of a Claim Tribunal, may within 90 days from the date of the award, prefer an appeal to the High Court. Thus locus standi is fixed i.e. the person who is aggrieved by an award of the Tribunal.