NEW INDIA ASSURANCE CO LTD Vs. KAMAR JAHAN

JUDGEMENT

(1.) THIS miscellaneous appeal by the New India Assurance Co. Ltd. is directed against an interim award of Rs. 15,000/ - made by the Claims Tribunal under Section 92 -A of the Motor Vehicles Act, 1939, (in short, the 'old Act').

(2.) IT is not in dispute that on 3.5.1982, there was a collision between one Matador No. MTR 3831 and truck No. CPH 775 and as a result of that one Nasiruddin, the driver of Matador, died. The Matador was owned by the respondent No. 9, Dr. Kailash Agarwal and insured with the appellant New India Assurance Co. Ltd. As against this, the truck was owned by the respondent No. 8, Jagannath Gupta, driven by the respondent No. 7, Latoori Singh and insured with the respondent No. 6, National Insurance Co. Ltd. It is not disputed before me that after the death of Nasiruddin, the driver of ill -fated Matador, his legal representatives made an application for compensation under the provisions of Workmen's Compensation Act, 1923, and also obtained compensation under that Act. The legal representatives of the deceased Nasiruddin also filed an application for compensation before the Motor Accidents Claims Tribunal. They also filed an application under Section 92 -A of the old Act for interim award, which was resisted by the appellant on the ground that they had received compensation under the provisions of the Workmen's Compensation Act and, therefore, their claim was not maintainable. The objection was overruled and the claimants were awarded interim compensation of Rs. 15,000/ - by the impugned award. Being aggrieved, the New India Assurance Co. Ltd. has preferred this miscellaneous appeal.

(3.) FOR the foregoing reasons, this appeal succeeds and it is hereby allowed. The impugned interim award made by the Claims Tribunal is quashed but without any order as to costs. The Claims Tribunal is also directed to dispose of the claim petition itself accordingly.