RAMESH KUMAR GURJAR Vs. SUNITA

JUDGEMENT

(1.) Learned counsel for the appellant-non-claimants, i.e. Driver and Owner of Truck No.RJ-23/R-7641, Mr. Vijay Poonia submitted that the present appeal has been filed challenging the award dtd. 11/2/2019 passed by the Motor Accident Claims Tribunal, Sikar in Claim Case No.212/2013 whereby the claim petition filed by the claimant-respondents has been allowed and an award of Rs.5,40,000.00 along-with interest has been passed in favour of the claimants.

(2.) Learned counsel submitted that on claim petition filed by the claimants, the MACT, Sikar vide order dtd. 13/10/2014 deleted the Insurance Company as party respondent from the Claim Petition and further by a separate order dtd. 13/10/2014 passed an order under Sec. 140 of the Motor Vehicles Act, 1988 while giving interim award of Rs.50,000.00 in favour of the claimants.

(3.) Learned counsel submitted that since the Insurance Company was wrongly deleted from the array of respondents, as such, the appellant-Mahipal filed S.B. Civil Writ Petition No.13644/2014 challenging both the orders passed on the same date i.e. the order deleting the Insurance Company as party respondent and order of interim award.