Divisional Manager Oriental Insurance Company Ltd. and Others vs Gulzari Kuer and Others

Gurusharan Sharma, J.—Heard the parties, perused the records and with their consent this appeal is disposed of under Order 41 Rule 11 of the Code of Civil Procedure.

It appears that widow and three sons of late Sheo Badan Chaudhary @ Ballar of village-Bahmara, Distirct-Kaimur (Bhabhua) filed an application purporting to be u/s 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") before the District Judge Bhabhua. On the said application M.V. Claim Case No. 94 of 1997 was registered. At this stage it is made clear that the aforesaid persons did not file a claim case u/s 166 of the Act. rather filed only an application u/s 140 of the Act. It was specifically stated in column No. 23 at page 7 of the application that the claimants reserved right to file an application u/s 166 of the Act. In the rejoinder dated 2.5.1998 filed on behalf of Insurance Company it was stated that the said application u/s 140 of the Act was not maintainable. Unless a claim application u/s 166 of the Act was filed, claiming compensation under the Act, merely an application purporting to be u/s 140 was not to be entertained. A prayer u/s 140 is an interlocutory matter, in a proceeding u/s 166 of the Act. According to scheme of the Act, pending final hearing and disposal of claim application u/s 166, the claimant has been given liberty to obtain interim relief, i.e., grant of interim compensation on an interlocutory application u/s 140 of the Act.

In the aforesaid circumstances, I find that the proceeding, vide M.V. claim Case No. 94 of 1997, instituted on an application purporting to be u/s 140, in absence of a regular proceeding u/s 166 of the Act was not maintainable. Accordingly the impugned order and interim award are illegal and without jurisdiction. It is, accordingly, set aside. In the result, this appeal is allowed.