Appeal filed by an insurance company challenging a Motor Accident Claims Tribunal order allowing a claim under Section 140 of the Motor Vehicle Act. The High Court found no ground for interference and dismissed the appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.4395/2015
United India Insurance Company Ltd. Having Its Regional Office At Sahara Chamber Tonk Road, Jaipur And Third Party Claim Hub At 93, Sapphire Centre, Ajmer Road, Jaipur Through Its Constituted Attorney.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Rishi Pal Agarwal Adv.
HON'BLE MRS. JUSTICE SABINA
Order
(2 of 2)
[CMA-4395/2015]
03/04/2018
Appellant-Insurance Company has filed this appeal, challenging the award dated 12.08.2015 passed by the Motor Accident Claim Tribunal, whereby, application moved by the claimants under Section 140 of Motor Vehicle Act, 1988 (hereinafter referred as ‘the Act’), was allowed.
I have heard learned counsel for the appellant and have gone through the record available on the file carefully.
Learned Tribunal while allowing the application has considered that in the notice issued under Section 133 of the Act, owner had admitted that at the time of accident Sohan Lal was driving the vehicle in question. In these circumstance, the learned Tribunal had rightly allowed the application moved by the claimants under Section 140 of the Act. However, it is clarified that any observations made by the Tribunal while passing the impugned order shall have no bearing on the merits of the case.
No ground for interference by this court is made out.
Dismissed.
S.Kumawat/S-47
1 issue framed by the court
Whether interference in the tribunal's order under Section 140 of the Motor Vehicle Act, 1988 was justified.
2 provisions across 1 enactments
UNITED INDIA INSURANCE COMPANY LTD.
SANTOSH DEVI
MANMOHAN
NAITIK
HARINARAYAN
SOHAN LAL
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
