ORIENTAL INSURANCE COMPANY LIMITED Vs. KANTI DEVI

JUDGEMENT

(1.) This appeal has been preferred against the award dated 22.05.2015 passed in Title (M.V.) Claim Case No.122/2011 passed by learned District Judge IX cum MACT, Dhanbad whereby the claimants have been awarded interim compensation under section 140 of the M.V. Act to the tune of Rs.50,000/- as deceased Kanu Bhuian died in a road accident on 29.12.2010 by a truck bearing registration No.HR-29G-6885.

(2.) Learned counsel for the appellant has assailed the impugned award only on the ground that under section 140 of the M.V. Act, the Tribunal has not adjudicated the matter on the basis of the evidence adduced by the parties as the Insurance Company has categorically stated in the written statement that offending vehicle was not having valid and effective policy at the time of accident, as such, the Tribunal ought to have passed the interim compensation under section 140 of the M.V. Act against the owner of the offending vehicle namely Md. Abid Hussain, s/o late Khurshid Alam, r/o Main Road, Balumath, Latehar, P.O. and P.S. Latehar, District-Latehar (owner of the Truck No. HR- 29G-6885).

(3.) Learned counsel for the appellant has further submitted that there is a delay of 487 days in preferring the appeal and for condonation of the same I.A. No. 261/17 has been preferred. Learned counsel for the appellant has further submitted that the conducting lawyer before the learned Tribunal died during pendency of the case, as such, this delay has occurred and the same may be condoned otherwise the Insurance Company shall suffer irreparable loss and injury.