NEW INDIA ASSURANCE CO LTD Vs. JANDELSINGH

JUDGEMENT

(1.) COUNSEL state that instead of be disposed of finally. With the consent of passing any order on LA. for stay, the appeal the counsel, the appeal is heard finally.

(2.) SHORT contention raised by Mr. K. B. Chaturvedi is that, though the said vehicle was insured with the appellant company, insured is different and for that the claimants have moved an application for impleading him as a party, and, therefore, the Tribunal may pass order under Section 92-A of the Motor Vehicles Act after insured is noticed, though in compliance of the previous order passed on 1. 9. 1989, the appellant has deposited Rs. 7,500/- only on 26. 6. 1990.

(3.) IN my opinion, Mr. R. D. Goyal has rightly submitted that the insurer, as shown in certificate of insurance, was impleaded and at the time of hearing of the application under Section 92-A of the Motor Vehicles Act, 1939 the appellant did not object. The certificate of insurance was not denied but it was contended that the registered owner is Bindrawansingh and the policy was issued in his name. The Tribunal observed that this question shall be decided at the time of final award. The claimants, to avoid any technical objection, moved an application to implead Bindrawansingh as a party and notice has been issued to him, who has not appeared so far. But for the accident which took place on 14. 11. 1985, and for that a claim petition was filed on 2. 1. 1986, the claimants have not been paid the fixed amount of compensation under Section 92-A which ought to have been paid immediately.