M/s. Assam Bombay Carrier vs Smt Jhuma Devi and Others

Arun Bhansali, J.—These writ petitions have been filed by the petitioner-owner of the vehicle aggrieved against the order dt. 22.12.2011 passed by the Motor Accident Claims Tribunal, Parbatsar (''the Tribunal''), whereby the Tribunal on coming to the conclusion that the accident had not occurred at a public place as envisaged under Sec. 147(1)(b)(i) of the Act held that there was no reason to continue the said insurance company as party to the claim applications and consequently, deleted the insurance company as non-claimant No. 3 from the array of parties. On the same day, the Tribunal while deciding application under Sec. 140 of the Act held only the owner and the driver of the offending vehicle liable for payment of interim compensation and exonerated the insurance company for the same reason as in the opinion of the Tribunal, the accident has not occurred at a public place.

Against the said interim award, the owner M/s. Assam Bombay Carrier had filed appeals being SBCMA No. 185/2012 (M/s. Assam Bombay Carrier vs. Smt. Geeta Devi & Ors.) and SBCMA No. 186/2012 (M/s. Assam Bombay Carrier vs. Smt. Jhuma Devi & Ors.).

The present writ petitions were ordered to be heard alongwith the said appeals. The said appeals have been decided today by a separate judgment and the finding recorded by the Tribunal that the accident had occurred at a private place and therefore, the insurance company was not liable to make payment of the amount of interim compensation, has been set-aside and consequently, award dt. 22.12.2011 has been modified holding the insurance company also liable to make payment of the amount of interim compensation. Consequently, these writ petitions are allowed. The impugned order in the present writ petitions which is based on the self same reasons, which resulted in passing of the interim award dt. 22.12.2011, which finding now stands set-aside and the award dt. 22.12.2011 stands modified, are also quashed and set-aside. The respondent Insurance Company shall continue to remain party to the applications for compensation filed by the claimants and is directed to appear before the Claims Tribunal on 20.5.2013 and would participate in the proceedings as such respondent. No costs.