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1992 DIGILAW 201 (MP)

United India Insurance Co. Ltd. v. Hazari And Ors.

1992-04-01

V.D.GYANI

body1992
JUDGMENT V.D. Gyani, J. 1. This miscellaneous appeal is directed against the order dated June 17, 1991, passed by the member, Motor Accidents Claims Tribunal, Dewas, in Claim Case No. 71 of 1989. By this order, the learned member has directed the appellant to deposit Rs. 7,500 as interim compensation based on "no-fault" liability. 2. Shri Dandwate, learned counsel appearing for the appellant insurance company, submitted that it is not a question of depositing money. The real difficulty lies in ascertainment of the insurance policy issued by the appellant. Despite the fact that the tractor-owner and the driver are parties to the claim petition, they are not coming forward with the insurance policy, if any. It is this difficulty which the appellant-insurance company is facing and hence this appeal. 3. Section 158 of the Motor Vehicles Act, 1988, clearly provides that, in case of accident by any person driving a motor vehicle on any public place, he is, on being required by an authorised police officer in uniform, to produce the certificate of insurance. Unfortunately, this provision of law is not being followed in its true spirit despite increase in road accidents. The State would do well to authorise the police officers and duly notify the same and issue appropriate instructions to the police officials in this regard and shall see to it that this provision of law as contained in Clause (a) of Sub-section (1) of Section 158 of the Motor Vehicles Act, 1988, is implemented and complied with in its true spirit and it would help both the claimant as well as the insurance company as also the court in the expeditious disposal of the claim but also at times even settling them out, if taken in an earnest and proper perspective. 4. It was stated at the Bar by Shri Dandwate that it has become extremely difficult for the appellant-insurance company to verify whether the tractor in question has in fact been insured with the appellant. So long as this doubt is not cleared, it is difficult to find on what account the amount as ordered by the Tribunal is to be deposited. The difficulty expressed appears to be quite genuine. 5. So long as this doubt is not cleared, it is difficult to find on what account the amount as ordered by the Tribunal is to be deposited. The difficulty expressed appears to be quite genuine. 5. In the circumstances, it is directed that the impugned order shall not be given effect to so long as the insured-owner does not produce the insurance certificate which he must produce within a month from today failing which it is open to the claimant-respondent Hazari to move the Tribunal for compelling the owner of the tractor to deposit the amount of interim compensation as fixed by the Tribunal. It is also expected of the Tribunal that, on such an application being made, it shall be promptly attended to and decided without any further loss of time. The purpose of awarding interim compensation on the basis of "no-fault" liability should, in no case, be allowed to be defeated. 6. With the above directions and observations, this appeal is finally disposed of with no orders as to costs.