NEW INDIA ASSURANCE CO LTD Vs. AJAY

JUDGEMENT

(1.) THIS order shall also govern the disposal of Civil Revision Nos. 249, 257, 258, 259 and 260 of 1992.

(2.) THE brief history of the case is that non -applicant Umraosingh owns a tractor attached with trolley M.P. 09.D.693. It is insured with petitioner who is arrayed as respondent No. 3, i.e., New India Assurance Co. Ltd. Non -applicant -respondent Kailash was the driver of the tractor.

(3.) DUE to rash and negligent driving of the tractor it turned turtle and the trolley went upside -down. All the claimants sustained injuries. Bhagirath died in consequence thereof. All the injured persons and the legal representatives of deceased Bhagirath filed claims as above Thereafter they filed an application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for awarding interim compensation on the principle of 'no fault liability'.