Amitav K. Gupta, J. - (1.) This miscellaneous appeal is directed against the order dated 11.06.2012, passed by the Principal District Judge -Cum- Motor Accident Claim Tribunal, Lohardaga in Compensation No.10/2007, whereby the appellant/ National Insurance Company Limited, has been directed to pay Rs.50,000/- as ad interim compensation under Section 140 of the Motor Vehicles Act (for short M.V. Act).
(2.) Mr. Manish Kumar, learned counsel, for the appellant, has assailed the impugned order mainly on the ground that the deceased was the owner of the said motorcycle and was pillion riding on the said motorcycle. It is submitted that Section 147 of the M. V. Act, mandates insurance of a vehicle against third party risk. In the present case deceased being owner of the vehicle cannot come within the purview of third party. On this limited ground, it has been urged that the impugned order is not sustainable in law or on facts.
(3.) Mr. Atanu Banerjee, learned counsel, for the respondents-claimants, has submitted that Section 140 of the M.V. Act is based on the principle of no fault liability. It is submitted that in an application under Section 140 of the M. V. Act, the Court is not required to adjudicate as to who had committed the wrongful act. It is argued that admittedly, on the date of accident, the motorcycle was validly insured with the appellant/ insurance company, and they are liable to indemnify the insurer/ owner. It is submitted that the court below has considered the entire aspect and has passed the order on the basis of the decision of this Court in the case of M/s Oriental Insurance Company Ltd.Vs. Ghasiya Minz @ Oraon and other, 2009 1 TAC 566 (Jhar) and in the case of The Branch Manager, Oriental Insurance Comp. Ltd. Lohardaga Branch Vrs. Lilmuni Orain and Ors., in Misc. Appeal No.129/2010 on 03.04.2012. It is submitted that the impugned order does not suffer from any infirmity or illegality warranting any interference by this Court.;