^ ,^^^^ eN A/^.'.-<'Ct/..^*" .^•":" - ^\/>"" „..»• y.--^J?^^v' ^.^" ^^ ^" ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ^j^ WRIT PETITION (227) No. ^' /2010 ^- PETITIONER Non applicant no. 2 Ashok Khandelwal, aged about 50 years, S/o M. Khandelwal, By Occupation Transporter, Khandelwal Complex, Kamtee Line,Rajnandgaon VERSUS RESPONDENT 1. Santosh Gond,aged about 35 years,S/o Claimant Ramkesh Gond R/o Banspayee, Rajnandgaon 2. Sunil Kumar Thakur aged about 22 year, S/o Ramsingh Thakur, By Occupatiori^ Driver, R/o Garinagar, Pahli Gali Ward No. 12, Rajnandgaon 3. Manager, National Insurance Company Ltd. Kamtee Line, Rajnandgaon WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA "•%, ^. 'l ^ vksss^ % I 1 S.A^ HIGH COURT OF CHHATTISGARH AT BILASPUR &B: Hon'ble Shri Prashant Kumar Mishra Writ Petition (227) No. 2246/2010 PETITIONER RESPONDENTS Ashok Khandelwal Versus Santosh Gond asid others Appearance: Shri Parag Kotecha, counsel for the petitioner. Shri B.N. Nande, counsel for respondeatNo.3. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORALORDER (5.10.2010) Heard. (2) In the present writ petition, the petitioner has called in question the interim award passed by the claims tribunal in exercise of powers under section 140 ofthe Motor Vehicles Act, 1988. (3) Shri B.N. Nande, learned counsel for respondent No.3 has raised objection regarding maintainability ofthe writ petitionon the strength oflaw down by the Supreme Court in the matter ofYaIlwwa and Ors. Vs. National Insurance Company Ltd. and Am\, 2007 AIRSCW4590. (4) Leamed counsel for the petitioner would submit that even if the iinpugned interim award passed under section 140 ofthe Motor Vehicles Act is treated as an award, the jurisdiction under article 227 1 ofthe Constitution oflndia is not barred. .2- (5) On a reading ofthe judgment in the case ofYallwwa aiid Ors. Vs. National Insurance Company Ltd. and Am'. (supra) this court is ofthe opinion that the impugned interim award is appealable under section 173 ofthe Motor Vehicles Act, therefore, the instant petition is not maintainable as the petitioner has an altemative remedy of preferring an appeal before this court under section 173 ofthe Motor Vehicles Act. (6) Consequently, the instant writ petition is dismissed as not maintainable. Sd/- Prashant Kumar Mishra Judge