UNITED INDIA INSURANCE CO LTD Vs. RAJADEVI

JUDGEMENT

(1.) THIS is an appeal filed by the insurance company against the interim award dated March 8, 1990, passed by the Second Motor Accidents Claims Tribunal, Indore, in Claim Case No. 312 of 1987 on the principle of no-fault liability under the Motor Vehicles Act, 1939 (hereinafter referred to as " the Act"), directing payment of compensation of Rs. 15,000 to the claimant in respect of the death of the deceased, Gajraj, who died as a result of a motor accident which occurred on May 5. 1986, due to the running of the offending jeep, bearing registration No. MBI 7705 carrying the deceased into a ditch, while it was being driven on Udhyognagar--Nemawar Road over a culvert near Indore.

(2.) THE claimants filed the claim petition under Section 110a of the Act and also filed an application under Section 92a of the Act for interim award based on no-fault principle. The appellant-insurance company which was joined as non-applicant No. 2 in the claim-petition filed a reply to the application resisting the claim for interim award on the ground that the insurance company was neither liable to cover the risk in respect of the passengers travelling in a private car, nor had it covered that risk in the insurance policy. It was also submitted in reply that the vehicle was at the time of the accident not being used for the purposes of the owner insured and, as such, the insurance company was not liable.

(3.) THE appellant-insurance company, however, did not file the insurance policy before the Tribunal nor has it been filed it in this court. The learned Tribunal has, after considering the application for interim award and its reply, made an interim award for compensation of Rs. 15,000 to be paid to the claimants.