NEW INDIA ASSURANCE CO. LTD THROUGH ITS LEGALLY CONSTITUTED AUTHORITY, DIVISIONAL OFFICE, JODHPUR Vs. PUSHPA DEVI AND EIGHT OTHERS

JUDGEMENT

(1.) This appeal has been filed against the order of the Motor Accident Claims Tribunal, Raisinghnagar dated Jan. 14, 1994 by which it has directed the appellant insurance company to make payment of Rs. 25,000.00 to the claimant respondents No. 1 to 5 under Sec. 140, Motor Vehicles Act, 1988 (in short, the Act).

(2.) It is contended by learned counsel for the appellant that the claimants have also filed claim petition against the owners and drivers of the offending bus and truck but the impugned order has only been passed against the insurer (appellant) of the offending truck. He further contends that the learned Tribunal should have directed all the respondents for making payment of the said amount of Rs. 25,000.00as required under Sec. 140 of the Act.

(3.) There is great force in the contention of the learned counsel for the appellant. The Tribunal committed a mistake in making liable the appellant only under Sec. 140 of the Act.