M/S. ASSAM BOMBAY CARRIER Vs. JHUMA DEVI

JUDGEMENT

(1.) THESE writ petitions have been filed by the petitioner -owner of the vehicle aggrieved against the order dt. 22.12.2011 passed by the Motor Accident Claims Tribunal, Parbatsar ('the Tribunal'), whereby the Tribunal on coming to the conclusion that the accident had not occurred at a public place as envisaged under Sec. 147(1)(b)(i) of the Act held that there was no reason to continue the said insurance company as party to the claim applications and consequently, deleted the insurance company as non -claimant No. 3 from the array of parties. On the same day, the Tribunal while deciding application under Sec. 140 of the Act held only the owner and the driver of the offending vehicle liable for payment of interim compensation and exonerated the insurance company for the same reason as in the opinion of the Tribunal, the accident has not occurred at a public place.

(2.) AGAINST the said interim award, the owner M/s. Assam Bombay Carrier had filed appeals being SBCMA No. 185/2012 (M/s. Assam Bombay Carrier vs. Smt. Geeta Devi & Ors.) and SBCMA No. 186/2012 (M/s. Assam Bombay Carrier vs. Smt. Jhuma Devi & Ors.).