National Insurance Co. Ltd. v. Kaloo — 1991 DIGILAW 435 (MP)

JUDGMENT R.K. Verma, J. 1. In the light of the view taken by this court in Miscellaneous Appeal No. 261 of 1989 (National Insurance Co. Ltd. v. Shabirkhan) decided on September 16, 1991 [1993] 76 Comp Cas 100 (MP), governing disposal of a bunch of similar appeals, this appeal against the order of interim compensation awarded under Section 92A of the Motor Vehicles Act, 1939 (hereinafter referred to as "the Act"), does not merit admission. 2. This order shall also govern the disposal of M. A. No. 124 of 1990 (National Insurance Co. Ltd. v. Sowla ), M. A. No. 125 of 1990 (National Insurance Co. Ltd. v. Naharsingh), M. A. No. 126 of 1990 (National Insurance Co. Ltd. v. Kekdiya), M. A. No. 127 of 1990 (National Insurance Co. Ltd. v. Bhrula), M. A. No. 128 of 1990 (National Insurance Co. Ltd. v. Navalsingh ), M. A. No. 129 of 1990 (National Insurance Co. Ltd. v. Laloo) and M. A. No. 130 of 1990 (National Insurance Co. Ltd. v. Bhuwansingh). 3. This appeal as also the connected appeals Nos. 124 to 130 of 1990, are filed by the insurance company against the interim award dated . January 9, 1990, made by the Motor Accidents Claims Tribunal, Kukshi, District Dhar in Claim Cases Nos. 25 of 1989, 23 of 1989, 21 of 1989, 28 of 1989, 22 of 1989, 73 of 1989, 24 of 1989 and 31 of 1989, respectively, whereby an interim compensation of Rs. 15,000 under Section 92A of the Act has been awarded in respect of the death of each of the deceased persons, viz., Jawansingh, Kamalsingh, Antarsingh, Dhansingh, Laxman, Damansingh, Indarsingh and Narsingh. 4. The facts giving rise to this appeal, as per the claim petition, are as follows : On March 3, 1989, the tractor, bearing registration No. CII 9587, and trolley, bearing registration No. CII 9588, belonging to the respondents, Bhura and Lalibai, and insured with the appellant insurance company was being used to carry students for attending a prize distribution function to be held in a Higher Secondary School at Dahi in Dhar District. On the way, the tractor-trolley turned turtle over a well close to the road due to rash and negligent driving of its driver, respondent Badrilal. As a result of this accident, several passengers travelling in the tractor trolley died. On the way, the tractor-trolley turned turtle over a well close to the road due to rash and negligent driving of its driver, respondent Badrilal. As a result of this accident, several passengers travelling in the tractor trolley died. In respect of the deaths of the deceased persons, these claim petitions have been filed before the Motor Accidents Claims Tribunal under Section 110A of the Act by their legal representatives with a prayer for grant of interim compensation on the principle of "no fault liability" under Section 92A of the Act. 5. The learned Tribunal has, by its order under appeal, awarded in respect of death of the deceased interim compensation of Rs. 15,000 under Section 92A of the Act against the appellant insurance company in each claim case; 6. Learned counsel for the insurance company has contended that the insurance policy did not cover a risk for the carriage of passengers in the tractor-trolley for purposes other than forestry and agriculture and further that the company shall not be liable under the policy in respect of liability caused during the period of requisition of the vehicle by the Government for any purpose. It was alleged that the tractor-trolley was being used under a requisition by the Government through the Collector at the time of the accident. There is, however, no admission on record of the State Government in this behalf. The merit of the aforesaid contentions raised by learned counsel for the appellant insurance company can properly be examined, upon investigation of facts and discussion on legal aspects on the completion of the trial, after giving all the parties proper opportunity to plead and prove their respective contentions. 7. The underlying purpose envisaged in the provisions of Section 92A(1) and 92B(2) of the Act, apparently, is to provide social security against motor accidents and to make available an interim relief urgently to the injured person or in case of death by accident to the members of the family of the deceased. This salutary humanistic purpose shall be defeated if the Tribunal were to be invited at the stage of interim award to decide contested questions of fact and law, which the Tribunal can appropriately decide only after complete trial of the claim petitions. This salutary humanistic purpose shall be defeated if the Tribunal were to be invited at the stage of interim award to decide contested questions of fact and law, which the Tribunal can appropriately decide only after complete trial of the claim petitions. The controversy as to liability of the insured and insurer inter se or as to the plea of exoneration of the liability of the insurer should not be allowed to hamper the making of an interim award since it can appropriately be deferred to be decided on completion of the trial by the Tribunal which has power to make suitable directions under Section 96(4) of the Act and Section 151, Civil Procedure Code, to meet the ends of justice. 8. The interim award of compensation on the principle of no-fault liability, being in the nature of urgent partial relief to the claimants, the only material fact to be ascertained at the stage of making an interim award against the insurance company by the Tribunal is whether or not the vehicle involved in the accident stood insured with the said insurance company. Once it is not disputed that the vehicle was so insured with the non-applicant insurance company as in the instant case, the Tribunal has the jurisdiction to make an interim award jointly against the insured and the insurer. Any legal objection or legal contention of the insurer based on facts to be enquired during the trial of the claim-petition cannot be allowed to hamper the making of an interim award by the Tribunal against the insurer. The legal questions raised in the objection of the insurance company which require proper material to be brought in evidence or sorting out the true legal position after an indepth consideration of the legal controversy raised by the parties should properly be left to be decided at the conclusion of the case resulting in the final award and, at that final stage, equities can be worked out between the insured and the insurer and, in case the insurer is not found liable, it can be directed to be reimbursed by the insured, even in respect of the liability imposed on the insurer under the interim order. 9. 9. Having heard learned counsel and having considered the impugned orders and the material placed before the Tribunal, I am of the opinion that the impugned interim awards need no interference in this appeal and the other connected appeals. 10. This appeal as also the connected appeals, viz., M. A. No. 124 of 1990, M. A. No. 125 of 1990, M. A. No. 126 of 1990, M. A. No. 127 of 1990, M. A. No. 128 of 1990, M. A. No. 129 of 1990 and M. A. No. 130 of 1990, are, therefore, dismissed.