- (1.) Seeking quashing of award dated 05.05.2008 in PLA Case No. 862 of 2007, the present writ petition has been filed.
(2.) The brief facts of the case are that, the petitioner-Oriental Insurance Company is a Government Company within meaning of Section 617 of the Companies Act, 1956. The tractor bearing registration No. JH01A-1933 with trailor registration No. JH01A-1934 belonging to one Raj Kumar Sinha, husband of the respondent No. 1 were insured by the petitioner-Insurance Company for the period between 31.03.2006 to 30.03.2007. It is stated that on 31.12.2006, an accident took place in which the deceased namely, late Raj Kumar Sinha who was posted as ASI died. On the statement of one Kartik Singh Munda, Constable, a First Information Report being Namkum P.S. Case No. 200/2006 under Section 279, 337 and 304A of IPC was registered. An application under Section 22C of the Legal Services Authorities Act, 1987 r/w section 166 of the Motor Vehicles Act, 1988 for claim of Rs. 9,70,000/- with 9% interest, was filed by the legal heirs and claimants of deceased late Raj Kumar Sinha. A separate application under Section 140 of MV Act, 1988 seeking award of compensation of Rs. 50,000/- under "No Fault Liability" was also filed. The petitioner-Insurance Company appeared and filed written statement denying the claim on the ground that it is a case of contributory negligence. The owner of the tractor also appeared and filed written statement denying his liability under Section 140 of the MV Act, 1988. However, order/award dated 05.05.2008 directing the petitioner-Insurance Company to pay a sum of Rs. 50,000/- as interim compensation to the respondent No. 1 was passed.
(3.) Heard the learned counsel for the parties.;