u S^filE SWSH ^nil IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) No.55^- /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 Claimant ^ /s <ff^/ ^? ^^ -^/^ ^ ^ ^'/W/ .^' ^ Balvan Gond, aged about 40 years, S/o Ramsingh Gond, By Occupation Carpenter, R/o Navagaon, Road, Motipur, Rajnandgaon Sunil Kumar Thakur aged about 22 year, S/o Ramsingh Thakur, By Occupation Driver, R/o Garinagar, Pahli Gali Ward No. 12, Rajnandgaon Manager, National Insurance Company Ltd. Kamtee Line, Rajnandgaon ..•'^ s? WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA -2 A 11 ^ HIGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra Writ Petition 1227) No. 2247/2010 PETITIONER RESPONDENTS Ashok Khandelwal Versus Balvan Gond and others Appearance: Shri Parag Kotecha, counsel for the petitioner. Shri Ravi Kumar Bhagat, counsel for respondent No. 1 Shri B.N. Nande, counsel for respondentNo.3. 1" ' nl"11"1—^ WRIT PETITION UNDER ARTICLE 227 OF THE CQNSTITUTION OF INDIA ORAL ORDER (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 ofpowers under section 140 ofthe Motor Vehicles Act, 1988. (3) Shri B.N. Nande, learned counsel for respondent No.3 has raised objection regarding maintainability of the vvrit petition on the strength oflaw down by the Supreme Court in the matter ofYaflwwa asid Ors< Vs. National Insurance Company Ltd. and Anr., 2007 AIRSCW4590. (4) Learned counsel for the petitioner would submit that even if the impugned interim award passed under section 140 ofthe Motor ClWIII 1 JIINK ^ ^L- Vehicles Act is treated as an award, the jurisdiction under article 227 ofthe Constitiition oflndia is not barred. (5) On a reading ofthe judgment in the case ofYallwwa and Ors. Vs. National Insm'ance Company Ltd. and Anr. (supra) this court is ofthe opinion that the impugned interim award is appealable under section 173 ofthe Motor Vehicles Act, therefore, the instant petitioii is not maintainable as the petitioner has an alternative 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 maintamable. —-- Sd/- Prashant Kumar Mishra Judge ^ B