MOHAMMAD IQBAL Vs. BHIMAIAH

JUDGEMENT

(1.) This Appeal by the Owner of the vehicle in question is directed against the judgment and award dated 6-12-1983 made on I.A.I, given by the claimants ordering that Rs. 15,000/- shall be paid over by the second respondent, the owner of the vehicle, as compensation under Section 92-A of the Motor Vehicles Act to the claimants.

(2.) Learned Counsel appearing for the appellant submitted that the amount of Rs. 15,000/- awarded under Section 92-A should have been directed to be paid by the Insurer-3rd respondent in this appeal, as the vehicle was insured on the date of the accident, and the award made was within the liability of the insurer.

(3.) On 6-6-1983 deceased Shrimanth, aged about 6 years, was involved in a motor-accident that occurred at 4.00 P.M., on Gulbarga-Sedam Road in front of the Government General Hospital. The bus-HKMS Service No. MYN 3510 caused the accident, resulting in the death of the young boy, namely, Shrimanth. His father made an application claiming compensation of Rs. 10,000/- before the Motor Accidents Claims Tribunal, Gulbarga, in MVC No. 51 of 1983 on its file. Therein, he gave an application I.A.I under Section 92-A, praying that Rs. 15,000/- should be awarded expeditiously and further enquiry should be held with regard to the claim based on actionable negligence. Accordingly, I.A.I. was taken up for consideration and the Tribunal being satisfied that the boy was killed in the motor -accident at the time and on the date mentioned in the petition, awarded Rs. 15,000/- as compensation payable under Sec.92A against the owner of the vehicle in question.