JAYA ROY, J. - (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. Counsel for the appellant has submitted that though a case has been registered under Sections 279, 304(A) of the I.P.C. on the written but after the investigation, the police has submitted the final report stating therein that no offence under Sections 279, 304(A) of the I.P.C. is made out and this is a case of unnatural death. Counsel for the appellant has further contended that as because there is no accident has taken place according to the final report submitted by the police, the claimants are not entitled to any compensation even under Section 140 of the Motor Vehicles Act. It is also submitted that the date of occurrence was the 'Bandit day '.
(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.;