With the consent of the respective parties, the matter is being finally decided at the state of admission itself.

2. Interlocutory Application No. 3163/2013 has been filed to condone the delay in filing of instant appeal. On the grounds so enumerated therein, the delay is condoned.

3. As such, Interlocutory Application No. 3163/2013 stands allowed.

4. The instant appeal has been brought up at the behest of National Insurance Company Limited against an order dated 22.11.2012 passed by Adhoc Additional District Judge-2nd cum-Motor Vehicle Accidents Claims Tribunal, Jehanabad in Claim Case No. 39/2009 whereby and whereunder the learned Tribunal had allowed the prayer of the claimant under Section 140 of the Motor Vehicles Act (in short “the Act”) directing the Insurance Company to pay Rs. 50,000/-.

5. Bereft of unnecessary details, it is evident that dependants of Mithilesh Sharma (deceased) have filed claim petition under Section 140 of the Act on account of death of Mithilesh Sharma in a motor vehicle accident while he was travelling over city ride bus bearing registration no. BR-25-9018 and for that Kurtha PS Case No. 70/2009 was registered. It has further been disclosed that at the time of accident, vehicle was insured under National Insurance Company Limited and accordingly, impleaded the owner, driver as well as Insurance Company as Opposite Parties.

6. Owner as well as driver of the vehicle appeared and filed their WS wherein, they have stated that the driver possessed valid license during course of driving the vehicle at the time of alleged accident. It has also been disclosed that the deceased was in an inebriated condition whereunder he went over roof of the vehicle and so, the occurrence took place on account of his own fault, negligence for which none is responsible. Moreover, it has also been pleaded that vehicle at the relevant time was insured under National Insurance Company Limited. So questioned maintainability of claim petition under the garb of own negligence.

7. In likewise manner, the Insurance Company after appearance filed WS and objected over maintainability of the petition under Section 140 of the Act. Furthermore, it has also been pleaded at the end of Insurance Company that protection in terms of Section 147, 149(2) of the Act is found available whereupon the death of the deceased being the resultant on account of own lapse of the deceased, deprives the claimants to ask for a claim under Section 140 of the Act. Furthermore, it has also been pleaded that from the FIR it is evident that deceased was travelling over the roof of the vehicle during course of which met with an accident by having dashed against the branch of Peepal tree during midst of journey and so, claimants are not at all entitled for any kind of compensation including that of under Section 140 of the Act. It has also been pleaded that as per terms of policy, the Company had not carried obligation to indemnify the owner for breach of agreement, as allowing passengers to travel over roof was not under terms of agreement as well as happens to be non permissible in the eye of law. So, even if claim is allowed, for that owner should be held liable and not the insurance company when interest is found duly protected in terms of Section 149(2) of the Act.

8. Furthermore, it has been pleaded that independent petition under Section 140 of the Act is not at all permissible.

9. From perusal of the Act it is evident that Chapter-X has got independent identity which begins with Section 140 of the M.V. Act. A conjoint petition purported to be under Section 166 of the Act is necessary or not, for the purpose of maintainability of petition under Section 140 of the Act, for that Sub-Section 1 of Section 140 of the Act be taken note of. For better appreciation, the same is quoted below:-

“140. Liability to pay compensation in certain cases on the principle of no-fault. –

(1) Where death or permanent disablement of any person has resulted from an accident aris