Pratap Kr. Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) This appeal has been preferred by the National Insurance Company assailing the award dated 22nd August, 2003 passed by the learned Judge, 2nd Motor Accident Claims Tribunal, Siliguri in M.A.C.C. No. 169 of 2001 whereby and whereunder the application under Section 140 of the Motor Vehicles Act, 1988 as filed by the claimant was allowed directing National Insurance Company Limited to pay the compensation amount as awarded.
(3.) Two legal questions have been urged in this appeal by the National Insurance Company Limited, namely: (1) Whether under Section 140 of the Motor Vehicles Act, 1988, hereinafter referred to as the said Act for brevity, a Court of law can saddle the Insurance Company with a liability to pay when under the said statute, owner is only liable. (ii) Whether the claimant is entitled to get compensation from the Insurance Company when there is a case of death of owner injured in the motor accident.;