Back
2008 Supreme(Jhk) 591
M.Y. Eqbal, ACJ and D.K. Sinha, J.
Oriental Insurance Co. Ltd. through its Branch Manager, Ranchi ... Appellant
vs.
Shila Devi & Ors. ...Respondents
M.A. No. 147 of 2007
Decided On : 13.6.2008
For the Appellant : Mr. G.C. Jha.
Headnote:Motor Vehicles Act. 1988—Section 140—Interim award—Scope of Section 140 is limited—While considering claim application under Section 140 Tribunal cannot give a finding on the issue as to whether deceased was a gratuitous passenger or not—Appeal dismissed. (Paras 3 and 4).
Heard, Mr. G.C. Jha learned counsel appearing for the appellant. Learned counsel fairly submitted that the appeal may be heard and disposed of on merit.
2. After hearing the counsel for the appellant in the limitation matter, we are satisfied that sufficient cause has been shown for condonation of delay. Hence, the limitation petition is allowed and delay in filing the appeal is condoned.
3. This appeal is directed against the interim award passed by the Tribunal under Section 140 of the Motor Vehicles Act. The only ground taken by the appellant is that the deceased was a gratuitous passenger. In our opinion, this point cannot be adjudicated while hearing an application under Section 140 of the Motor Vehicles Act.
4. The impugned order, therefore, needs no interference. This appeal is dismissed. Needless to say that the appellant may raise all the points in the main application under Section .166 of the Motor Vehicles Act.
