MADAN LAL Vs. SANTOSH DEVI

JUDGEMENT

(1.) THE petitioners are the owner and Driver of the vehicle which involved in the accident. THE respondents No. 1 to 8 filed claim petition u/s. 166 of the Motor Vehicles Act alongwith an application u/s. 140 of the Motor Vehicles Act alleging that on 26. 7. 99, the accident took place and that the deceased sustained injuries and also died due to rash and negligent driving of the driver of the vehicle. THE Insurance Company appeared before the Tribunal and submitted that there is violation of the policy, as such, there is no liability of the Insurance Company and they cannot be held liable. THE Tribunal vide order dated, 5. 1. 2000 awarded Rs. 50, 000/- as common fault liability recoverable from the petitioners. THE said order was challenged in this writ petition.

(2.) IT is argued by the learned counsel for the petitioners that the learned Tribunal has committed error in passing the impugned Award against the petitioners at the preliminary stage and that there is no violation of the policy; but, even if there is any violation, that has to be decided only at the final hearing of the Claim Petition. The writ petition has been filed to set aside the order dated, 5. 1. 2000 (Annex. 1) and for other consequential reliefs.