BHANWAR LAL Vs. DEVI LAL

JUDGEMENT

(1.) Heard learned counsel for the appellants. By this appeal the appellants challenge the order passed by learned Single Judge dated 6th June, 2005 in writ petition filed by them challenging the order dated 25.9.2003 passed by Motor Accident Claims Tribunal.

(2.) The appellants are the owners of the vehicle which was involved in the accident out of which Motor Accident Claim No.59/2003 arose, which was lodged before the Motor Accident Claims Tribunal, Nathdwara (Rajsamand). By order dated 25.9.2003, Rs.50,000/- were awarded to the claimants under Section 140 by way of interim compensation in which it was stated that 'no fault liability' will be paid by the owner of the vehicle and the claim against the insurance company for no fault liability was rejected at this stage. Said order was not appealed at that time. However, that order was challenged by filing Misc. Appeal No.158/2005 which was dismissed by learned Single Judge on the ground that the order dated 25.9.2003 cannot be challenged at such belated stage.

(3.) However, the learned Single Judge directed the Tribunal to decide the claim petition expeditiously uninfluenced by his previous order as to insurer's liability towards discharging of no fault liability by the insured while passing the final order.