UNITED INDIA INSURANCE CO. LTD Vs. SUBANO BAITL

JUDGEMENT

(1.) THIS Miscellaneous appeal under Section 110-D of the Motor Vehicles Act, 1939, (in short, the "Act"), by the Insurance Company is directed against an interim award made by the Claims Tribunal in exercise of its powers under Section 92-A of the Act.

(2.) THE claimants being the widow and the daughter of deceased Ramdas preferred a claim for compensation under Section 110 of the Act alleging that Ramdas met with an accident on 28.5.1988 with a dumper truck No. CPL 6204, driven by one Tejnarain, owned by the South Eastern Coal Fields Ltd and the Sub Area Manager of South Eastern Coal Fields Ltd. and insured with the appellant. After the accident, Ramdas was removed in the hospital where he died on 12.8.1988 as a result of the injuries sustained in the accident dated 28.5.1988. They also made an application for interim award under Section 92-A of the Act. It was resisted by the appellant as also by the driver and the owners of the ill-fates vehicle. After herein the learned Counsel for the parties, the Claims Tribunal was pleased to make an interim award of Rs.15,000/- in favour of the claimants. Being aggrieved, the insurer has preferred this miscellaneous appeal without joining the driver and the owners of the vehicle as parties to this appeal.

(3.) ACCORDINGLY , this miscellaneous appeal fails and it is hereby dismissed. No order as to costs as no one has appeared on behalf of the respondents to oppose the appeal.