ORIENTAL INSURANCE CO LTD Vs. SANJARI DEVI

JUDGEMENT

(1.) This appeal has been filed by the Oriental Insurance Co. Ltd. challenging the interim award under section 140 of the Motor Vehicles Act (hereinafter referred to as 'the Act') passed by the 7th Additional Judicial Commissioner, Ranchi, in Compensation Case No. 55 of 1997, awarding Rs. 50,000 (Rupees fiftythousand) to the claimants, whose breadearner has died in the motor accident.

(2.) Section 140 of the Act creates a liability without any fault and the amount awarded therein is liable to be paid to the claimants at the earliest. The learned counsel for the appellant has raised certain objection regarding the liability of the insurance company on account of the fact that the driver of the vehicle was not having valid driving licence and the deceased was travelling as a passenger in the said vehicle, which fact has been disputed by the learned counsel for the claimants.

(3.) Be that as it may, it is not necessary to go into this question at this stage because it is open to the parties to raise such a question under section 166 of the Act and if such an objection is raised, the court below will decide the same in accordance with law. The appeal is, accordingly, dismissed.