^.^ i fcl:^ '^^%. X:sA_ o^ ^"""^ ^•^^ ^...-•"^v<>" ..-"" ,-^'*"-^a./"y Ns-t' • -•'' 1 ^y' ^.^ ^'e^" ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) No. 22^ / 2010 M^ts I 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 l^ ^•" 2. Monu Rajak, aged about 12 years, S/o Bansilal Rajak through its Natural Guardian Bansilal Rajak S/o Baldev Dhobi , Bansilal Rajak S/o Baldev Dhobi , Respondent no. 1 and 2 R/oMotipur Rajnandgaon 3. 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 f 4. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA •^ \ ^SNft^- ii .^%lll 't. ik "3 a-(o fflGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon^ble Shri Prashant Kumar Mishra Writ Petition (227) No. 2254/2010 PETITIONER RESPONDENTS Ashok Khandelwal Versus Monu Rajak and others Appearance: Shri Parag Kotecha, counsel for the petitioner. Shri B.N. Nande, counsel for respondentNo.4. WRIT PETITION UNDER ARTICLE 227 OF TjIE CONSTITUTION OF INDIA ORAL ORDER (6.10.2010) Heard. (2) In the present writ petition, the petitioner has called in question the interim award passed by the clainis tribunal in exercise of powers 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 oflaw down by the Supreme Court in the matter ofYaUwwa and Ors. Vs. National Insm'ance Company Ltd. and Anr., 2007 AIR SCVV 4590. (4) Learned counsel for the petitioner would submit that even if the impugned mterim award passed under section 140 ofthe Motor Vehicles Act is treated as an award, the jurisdiction under article 227 ^5fthe Constitiition oflndia is not barred. ^i^..<-^~^.^E^.*^,<<A.te^^ ^1 (5) On a reading ofthe judgment in the case ofYallwwa 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 (^