ORIENTAL INSURANCE CO. LTD. Vs. SHANKAR SINGH

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India by the petitioner/Insurance Company against the interim award, passed under section 92 -A of the Motor Vehicles Act, 1939 (for short, the' Act'), whereby the Tribunal has awarded Rs. 15,000/ - under the said provision for the death of one Suresh, caused on 27.10.1987, while the deceased was changing the wheel of Bus No. M.B.V. 678 in the workshop. The petitioner contends that the vehicles was under repairs and was jacked up in the workshop, therefore it was not in use, and as such, no liability can be imposed on the petitioner and the owner. The Tribunal has exceeded its jurisdiction in passing the interim award.

(2.) 1991 JLJ 2, Mohammad Ilias v. Bodhani Bai and others. Therefore, this petition is dismissed with costs. Petitioner is directed to deposit the amount of interim award within a period of two weeks from today positively, failing which the petition Company shall pay the interest at the rate of 12 per cent per annum, from the date of the award. Counsel fee Rs. 250/ -, if pre -certified. At this stage, Shri Haswani made a prayer that the claim petition is pending since 1991, therefore a direction be issued to the Tribunal for deciding the claim petition early. That prayer is justified, therefore the Tribunal is directed to dispose of the claim petition on merits within a period of six months from the next date fixed.