9-?^ ^pl^-rfA^^ ^%^-- ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) No. ^2^'^/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 1. -^•A V3.1 t il 2. Ajay Dhobi, aged about 13 years, S/o ShivLal Dhobi through its Natural Guardian Shivlal aged about 45 years S/o Jeevrakhan, Shivlal aged about 45 years, S/o Jeevrakhan Respondent no. 1 adn 2 R/o Banspayepara, Rajnandgaon 3. Sunil KumarThakur aged about 22 year, S/o Ramsingh Thakur, By Occupation Driver, R/o Garinagar, Pahli Gali Ward No. 12, Rajnandgaon Manager, National Insurarice Company Ltd. Kamtee Line, Rajnandgaon 4. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA M ^ HIGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra Writ Petition (227) No. 2235/2010 PETITIONER RESPONDENTS Ashok Khandelwal Versus Ajay Dhobi and others Ap^earance: Shri Parag Kotecha, counsel for the petitioner. Shri B.N. Nande, counsel for respondentNo.4. WRIT PETITION UNDERARTICLE 227 OF THE CONSTITUTION OF INDIA r^ ORAL ORDER (6.10.2010) 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.4 has raised objection regarding maintainability of the writ petition on the strength oflavv down by the Supreme Court in the matter ofYaIlwwa and Ors. Vs. National Insm'ance Company Ltd. and Am'., 2007 AIRSCW4590. (4) Learned counsel for the petitioner would submit that even if the impugned interim award passed under section 140 ofthe Motor Vehicles Act is treated as an award, the jurisdiction under article 227 ofthe ConstitutiQn oflndia is not barred. ^ (5) On a reading ofthe judgment in the case ofYaIlwwa and Ors. Vs. National Insurance 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 petition 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 maintainable. Sd/- Prashant Kumar Mishra Judge (.^