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1993 DIGILAW 673 (MP)

Oriental Insurance Co. Ltd. v. Shankar Singh

1993-12-13

K.M.PANDEY, S.K.DUBEY

body1993
JUDGMENT This is a petition under Article 227 of the Constitution of India by the petitioner/Insurance Company against the interim award, passed under section 92-A of the Motor Vehicles Act, 1939 (for short, the' Act'), whereby the Tribunal has awarded Rs. 15,000/- under the said provision for the death of one Suresh, caused on 27.10.1987, while the deceased was changing the wheel of Bus No. M.B.V. 678 in the workshop. The petitioner contends that the vehicles was under repairs and was jacked up in the workshop, therefore it was not in use, and as such, no liability can be imposed on the petitioner and the owner. The Tribunal has exceeded its jurisdiction in passing the interim award. After hearing- counsel, we are of the opinion that the contention of the petitioner Company has no merit at this stage, as it is settled whether the petitioner Company is ultimately liable to pay compensation or not, has to be decided after hearing of the main application u/s.110 -- A of the Act, and making of award in terms of section 110-B including the liability of the insurance Company. In case the Tribunal fastens no liability in relation to death or bodily injury to any person, including the liability in respect thereof under Sec. 92-A, and arising out of the use of the motor vehicle, in that event, by making award under section 110-B the insurance Company shall be entitled to a-direction for reimbursement of liability discharged by it consequent upon an order for payment of compensation u/s. 92-A. See, 1990 JLJ 664 , National Insurance Company v. Smt. Savitri and others; and, 1991 JLJ 2 , Mohammad Ilias v. Bodhani Bai and others. Therefore, this petition is dismissed with costs. Petitioner is directed to deposit the amount of interim award within a period of two weeks from today positively, failing which the petition Company shall pay the interest at the rate of 12 per cent per annum, from the date of the award. Counsel fee Rs. 250/-, if pre-certified. At this stage, Shri Haswani made a prayer that the claim petition is pending since 1991, therefore a direction be issued to the Tribunal for deciding the claim petition early. That prayer is justified, therefore the Tribunal is directed to dispose of the claim petition on merits within a period of six months from the next date fixed. At this stage, Shri Haswani made a prayer that the claim petition is pending since 1991, therefore a direction be issued to the Tribunal for deciding the claim petition early. That prayer is justified, therefore the Tribunal is directed to dispose of the claim petition on merits within a period of six months from the next date fixed. If necessary, the Tribunal to record the evidence de die in diem (from day to day).