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Judgment
What is under challenge in this appeal filed u/s 173 of the Motor Vehicles Act is that part of the order dated 24.7.2001, passed by the learned Motor Accident Claims Tribunal, Godda in Title Claim Case No. 20 of 2000, whereby it has fastened the liability to pay the award amount u/s 140 of the Motor Vehicles Act upon the appellant, who is the owner of the vehicle in question. The sole contention of the appellant is that the vehicle in question having been duly insured with the respondent No. 3 (The Oriental Insurance Company Ltd., Godda Branch), the liability to pay the award amount is vested with the insurer.
Mr. ALok Lal, learned Counsel appearing for the respondent No. 3 does not dispute the fact that the vehicle in question was insured and that therefore, the insurer also cannot dispute that indeed the liability to pay the amount of award u/s 140 could not have been fastened upon the appellant owner.
This appeal is allowed. The aforesaid impugned part of the order dated 24.7,2001 is hereby set aside with a direction that the amount in question shall be paid by the respondent No. 3 (The Oriental Insurance Company Ltd., Godda Branch) to the claimant.
This judgment, however, shall not have any influencing factor insofar as the disposal of the claim petition u/s 166 of the Motor Vehicles Act is concerned. It shall be heard and disposed of on its own merits.
The amount deposited by the appellant in this Court shall be returned to the Tribunal for disbursement of the claim.
The appeal is allowed.
No order as to costs.