NATIONAL INSURANCE COMPANY LTD Vs. NEELA SINGH

JUDGEMENT

(1.) Heard the parties and with their consent this appeal is disposed of at the stage of hearing under Order 41 Rule 11 of the Code of Civil Procedure.

(2.) Admittedly, one Ratneshwar Prasad Singh lost his life in a motor accident. The truck, bearing registration No. B.R.A. 9013, owned by Maheshwar Prasad Singh, Respondent No. 5 was involved in the accident. Heirs of deceased filed Claim Case No. 5 of 1995, under the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"). A petition under Section 140 of the Act was filed for grant of interim compensation, which was allowed by the impugned order dated 9.8.1996. By that time, owner of truck had not appeared in the claim case. However, the Tribunal directed the owner/insurer of the truck to pay a sum of Rs. 50,000/ - as interim compensation to the claimants. Against the said order the insurance company has filed the present appeal under Section 173 of the Act, on the ground that at this stage the owner and not the insurer was required to pay the compensation amount.

(3.) On a close scrutiny of the provisions of Sections 140 and 141 of the Act, I do not find anything contained therein, which would suggest that the liability which accrues under the provisions of Section 140 has to be borne by the insurer. By reason of Sub-section (1) of Section 140, an absolute liability is cast upon the owner of the vehicles to pay compensation.