HARISH KUMAR SHARMA Vs. PADMABAI

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution of India, a limited relief is claimed. The grievance of the petitioner is that the Motor Accident Claims Tribunal was not justified in fastening the liability on the petitioner and absolving the Insurance Company in the matter of grant of interim compensation.

(2.) THERE is no doubt that this Court can exercise jurisdiction under Article 227 of the Constitution in this matter. In the case of M. D. , Naveen Duniya v. Presiding Officer, Labour Court, 1991 MPLJ 114 = 1990 JLJ 766, it was held that under Article 227 of the Constitution power can be exercised and interference can be made with interim orders when they are passed arbitrarily. The same view has been expressed by this Court in the case of Dwarika v. Biso and Ors. , AIR 1990 MP 258.

(3.) THE manner in which the accident took place is of no relevance for the purpose of this petition. The only question is whether at the time of passing of the interim award, the Tribunal could make a detailed inquiry with a view to determine as to who is liable to pay interim compensation.