ORIENTAL INSURANCE COMPANY LTD Vs. ASHIS KUMAR

JUDGEMENT

(1.) HEARD Counsel for the appellant and the Counsel for the respondents.

(2.) THE appellant -company has filed this appeal against the order dated 10th March, 2008 passed in M.A.C. Case No. 14 of 2006 under Section 140 of the Motor Vehicles Act, 1988 ,directing appellant -company to pay a sum of Rs. 50,000/ - (Rs. Fifty Thousand) in favour of major claimants i. e. respondent Nos. 3 and 4 in this appeal.

(3.) THE Counsel for the respondents has submitted that admittedly the vehicle was ensured and the driver has a valid driving license. He has further submitted that as because the police has submitted the final form, it cannot be said that the occurrence has not taken place and the criminal case is still going on, therefore, the Trial Court under Section 140 of the Motor Vehicles Act has rightly awarded the aforesaid amount to the claimants.