New India Assurance Company vs Smt. Kushma Devi and Others

Surjit Singh, J.—Heard and gone through the record.

By means of the present appeal, Insurance Company has challenged the award of compensation of Rs. 50,000/ - passed, u/s 140 of the Motor Vehicles Act. The ground on which the order has been challenged is that the deceased himself was driving the vehicle and was guilty of negligence. The vehicle, which was insured with the appellant, was not the one, which was being driven by the deceased, but another vehicle that collided with deceased''s vehicle.

Only limited defences are available to the insurer. Those defences are specified in Section 149(2) of the Motor Vehicles Act. The impugned award, u/s 140 of the Motor Vehicles Act, has not been assailed in this appeal, on any of the grounds specified in Section 149 of the Motor Vehicles Act. Defence of contributory negligence is not available to the Insurance Company, unless it is permitted to raise defences available to the insured, on its application, u/s 170 of the Motor Vehicles Act. Learned Counsel for the appellant concedes that no application, u/s 170 of the Motor Vehicles Act, has been filed, so far. Otherwise also, question of negligence is not relevant for passing an award, u/s 140 of the Motor Vehicles Act and, therefore, the appeal is without merit.

In view of the abovestated position, appeal is dismissed. Pending application, if any, stand disposed of, having become infructuous.