NATIONAL INSURANCE CO LTD Vs. PRESIDING OFFICER OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL JAIPUR DISTRICT

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order dated 25.4.2008 whereby the application moved by the claimants under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') was allowed. Learned counsel for petitioner company submits that without determining the issue of negligence and liability of the insurance company, the impugned order has been passed directing the insurance company to pay amount in ignorance of section 140 of the Act of 1988, as it is only the owner/owners, who can be made liable therein. To substantiate the argument, reference of the judgment of the Calcutta High Court in the case of "National Insurance Co. Ltd. vs. Smt. Krishna Biswas, 2007 AIR(Cal) 122" has been given part from the judgment of the same court in the case of "United India Insurance Co. Ltd. vs. Smt. Puti Mahato and others, 2007 4 TAC 161".

(2.) I have considered the submissions made by learned counsel and scanned the matter carefully.

(3.) Since the main issue raised is in regard to provisions of section 140 of the Act of 1988, said provision is quoted herein for ready reference-