New India Assurance Co. Ltd Through its Legally Constituted Authority, Divisional Office, Jodhpur v. Pushpa Devi and Eight Others
1994-04-05
M.C.JAIN
body1994
DigiLaw.ai
JUDGMENT 1. - This appeal has been filed against the order of the Motor Accident Claims Tribunal, Raisinghnagar dated January 14, 1994 by which it has directed the appellant insurance company to make payment of Rs. 25,000/- to the claimant respondents No. 1 to 5 under Section 140, Motor Vehicles Act, 1988 (in short, the Act). 2. It is contended by learned counsel for the appellant that the claimants have also filed claim petition against the owners and drivers of the offending bus and truck but the impugned order has only been passed against the insurer (appellant) of the offending truck. He further contends that the learned Tribunal should have directed all the respondents for making payment of the said amount of Rs. 25,000/-as required under Section 140 of the Act. 3. There is great force in the contention of the learned counsel for the appellant. The Tribunal committed a mistake in making liable the appellant only under Section 140 of the Act. 4. The Tribunal will also pass order under Section 140 of the Act against: other respondents after hearing them. But, this order will not prevent the claimants from recovering the amount of Rs. 25,000/- from the appellant as the liability of all the respondents under Section 140 of the Act is joint and several.With this observation, the appeal is disposed of.Appeal disposed of. *******