AI Structured Summary
Not yet generated for this judgment
Judgment
Sandeep Sharma, J
In this appeal filed under Section 173 of the Motor Vehicles Act, 1988, respondent No.3 (appellant herein) has assailed the order dated 9.3.2016, passed by learned Motor Accident Claims Tribunal- III, Mandi, District Mandi, H.P., in MAC Petition No. 1019 of 2013, titled as Gian Chand & others versus Rajiv Rana and others.
In terms of impugned order dated 9.3.2016, application filed by the petitioners (respondents No.1 to 6 herein) under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), never came to be decided by the trial Court. Without expressing any opinion thereupon, Tribunal has directed the insurer to pay a sum of Rs. 50,000/-, under no fault liability. It is here that the Tribunal committed illegality which requires rectification in this appeal filed under Section 173 of the Motor Vehicles Act. The order is bordering perversity. Evidently, not only the provisions of the Act, but the ratio of law laid down by the Apex Court in Yallwwa (Smt) and others Versus National Insurance Co. Ltd. and another , (2007) 6 SCC 657 [also followed in United India Insurance Company Limited Versus Serjerao and others, (2008) 7 SC 425 and National Insurance Company Limited Versus Geeta Bhat and others, (2008) 12 SCC 426] stand ignored.
As such, impugned order dated 9.3.2016, passed by learned Motor Accident Claims Tribunal-III, Mandi, District Mandi, , H.P., in MAC No. 1019 of 2013, titled as Gian Chand and others versus Rajiv Rana and others, to the extent it directs the insurer to pay a sum of Rs. 50,000/- is quashed and set aside with the further direction to the Tribunal to decide the application first and then proceed with the case, in accordance with law. Parties undertake to appear before the Tribunal on 17.4.2018.
In view of the above, present appeal stands disposed of, so also pending application(s), if any.
Copy dasti.