NATIONAL INSURANCE CO LTD Vs. SHABIRKHAN

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. No. 262 of 1989 (National Insurance Co. Ltd, v. Nisar Khan and Anr.), M. A. No. 263 of 1989 (National Insurance Co. Ltd. v. Mohd. Ishaq and Anr.), M. A. No. 264 of 1989 (National Insurance Co. Ltd. v. Razzak Khan and Anr.), M. A. No. 265 of 1989 (National Insurance Co. Ltd. v. Kale Khan and Ors.), M. A. No. 267 of 1989 (National Insurance Co. Ltd. v. Kale Khan and Ors.), M. A. No. 268 of 1989 (National Insurance Co. Ltd. v. Ayyub Beg and Anr.), M. A. No. 269 of 1989 (National Insurance Co. Ltd. v. Sheikh Amin and Ors.), M. A. No. 270 of 1989 (National Insurance Co. Ltd. v. Bismillah and Ors.), and M. A. No. 266 of 1989 (National Insurance Co. Ltd. v, Jahid Hussain and Anr. ).

(2.) THIS appeal as also the connected Appeals Nos. 262 to 270 of 1989 are filed by the insurance company against accident claims interim award dated June 29, 1989, made by the Motor Accidents Claims Tribunal, Garoth, in Claim Cases Nos. 16 of 1986, 19 of 1986, 17 of 1986, 24 of 1986, 22 of 1986, 25 of 1986, 18 of 1986, 23 of 1986. and 21 of 1986 and 15 of 1986, respectively, whereby an interim compensation of Rs. 15,000 under Section 92a of the Motor Vehicles Act, 1939 (hereinafter referred to as " the Act"), has been awarded in respect of the death of each of the deceased persons, viz. , Salmabai, w/o Shabirkhan, Sabanabai, d/o Nisarkhan, Chhotibai, w/o Ishaq, Shahirbai, d/o Abdul Razzaq, Faridabanoo, w/o Sabuddin, Sahabuddin, s/o Kale Khan, Rahimanbai, w/o Alam Khan, Seikh Salim, s/o Seikh Amin, Rahim Baksh, s/o Kesamji and an interim compensation of Rs. 7,500 under Section 92a of the Act has been awarded in respect of the injuries sustained by the injured claimant, Jahid Hussain.

(3.) OHE facts giving rise to this appeal, as per the claim petition, are as follows : In the night of May 14, 1985, the marriage party of Sabbir consisting of 60 to 70 persons including ladies and minor children was returning after marriage from Neemuch to Shamgarh in truck No. C. P. U. 5169 and, while the truck was passing through Sangram Ghat, it toppled down due to rash and negligent driving of the driver-owner of the truck. As a result of this accident, the passengers in the truck sustained serious injuries and many of them succumbed to the injuries. On claim petitions having been filed by the respective legal representatives of the above-named deceased persons and the claimant injured, Jahid Hussain, and a petition under Section 92a of the Act having been moved in each case, for interim compensation on the principle of" no-fault liability " the learned Tribunal awarded interim compensation of Rs. 15,000 in respect of the death of each of the above-named deceased persons and Rs. 7,500 in respect of the injuries sustained by the claimant-injured.