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1986 DIGILAW 473 (SC)

Shambhu Pathak v. New India Assurance Co. Ltd.

1986-10-21

E.S.VENKATARAMIAH, M.M.DUTT

body1986
ORDER : 1. Special leave granted. 2. The learned counsel for the 1st respondent, the New India Assurance Co. Ltd., after going through the insurance policy made available to him by the learned counsel for the appellant, submits that the vehicle in question was covered by the insurance policy issued by the New India Assurance Company Ltd. at the time of the accident and the insurer is liable to pay the amount of compensation that may be awarded by the Tribunal. We accordingly direct the 1st respondent to pay to the applicants before the Addl. Claims Tribunal, Muzaffarpur, in claim No. 24 of 1984 the sum of Rs. 15,000/- payable under section 92-A of the Motor Vehicles Act. The question whether the insurer is liable to pay any higher amount will be adjudged upon by the Tribunal. 3. The Tribunal is directed to implead the insurer as a respondent in the case pending before it. This appeal is accordingly allowed. The parties shall bear their costs throughout.