MD. YUNUS Vs. SAHNAZ BEGUM

JUDGEMENT

(1.) DELAY in filing the appeal is condoned.

(2.) THE appeal is taken up for Admission today itself.

(3.) THIS appeal is directed against the order dated 16.1.2001 passed by learned 5th Additional District Judge. Dhanbad exercising powers of Motor Accident Claims Tribunal whereby relying upon a Single Bench judgment of Patna High Court delivered on 22nd August. 2000 in Misc. Appeal No. 242 of 1999 National Insurance Company v. Layachi Devi and Ors., and several other related cases he has, even while allowing the claim of the claimants under Section 140 of the M.V. Act. 1988 (Respondent Nos. 1 to 6 in this appeal) fastened the liability to pay this claim amount upon the appellant herein who is the owner of the vehicle in question and totally absolved respondent No. 7. Oriental Insurance Company, which admittedly is the Insurer of the vehicle in question.