RENUKA BAI Vs. JAI PRAKASH SETHY

JUDGEMENT

(1.) THE present revision petition under Section 115 of the Code of Civil Procedure is against the order dated 15.9.1992 passed by the Motor Accidents Claims Tribunal, Jabalpur, in Motor Vehicles Case No. 36 of 1992, refusing to allow the application of the claimant-applicant under Section 140 of the Motor Vehicles Act for interim compensation.

(2.) IN this case, the non-applicant No. 3 Rajendra Singh who is the owner of the truck has been ordered to pay interim compensation of Rs. 25,000/- to the applicant. But the submission of the learned Counsel for the applicant is that the non-applicant No. 2. Insurance Company is also liable to pay, which has been wrongly absolved by the lower Court.

(3.) SHRI Gulab Sohane, learned Counsel for the non-applicant No. 2 Insurance Company has submitted that the present revision of the applicant is not maintainable as held in a Full Bench decision of this Court in Gaya Prasad v. Suresh Kumar 1992 MPLJ 485 and also subsequently in Dimple v. Lajja Ram and 3 Ors. 1992 (1) MPJR 372. The parties have addressed on merits also. But in case the revision is held to be not maintainable, it will be futile to go into the merits except casually.