NATIONAL INSURANCE CO. Vs. NANDIBAI

JUDGEMENT

(1.) THIS Misc. Appeal presented under Section 173 of the Motor Vehicles Act (for short, 'the Act') is directed against the order dated 27.4.93 rendered by MACT Ujjain in Claim Case No. 79/90, thereby passing an interim Award of Rs. 25000/- together with interest at the rate of 12% p.a. in case of default of non-deposit within a month from the date of order.

(2.) BRIEFLY stated, the facts of the case are that Tampo bearing Registration UCP 7189 knocked down Bherulal. The L.Rs. of Bherulal filed the Claim Petition. In this claim petition, prayer under Section 140 of the Act was made for grant of interim award statutorily provided. On consideration of the documents and material on record, the Tribunal passed the order that respondent Nos. 4 and 5 and the appellant shall jointly and severally pay the interim compensation of Rs. 25000/- together with interest as above to the respondent Nos. 1, 2 and 3. Aggrieved by this order, the appellant (National Insurance Company) has preferred this appeal.

(3.) AS noted, the order of interim award of Rs. 25,000/- together with interest at the rate of 12% p.a. in case of non-deposit in one month under Section 140 of the Act, is under challenge in this appeal.