KAMALCHAND Vs. MANIKLAL AND OTHERS

JUDGEMENT

(1.) Whether the liability of the owner of a motor vehicle under Sec. 92-A of the Motor Vehicles Act, 1939 (hereinafter referred to the Act) can be fastened on the Insurance Company is the question to be decided in this appeal, filed by the owner of the vehicle responsible for the accident, under Sec. 11 -D of the Act against the interim award dated 29.10.1984 in Motor Accidents Claims Case No. 15 of 1983 passed by Shri J.A. Khare Motor Accident Claims Tribunal, Balaghat. An identical question has been placed for consideration of this Court in M. A. No. 80 of 1985 (The Oriental Insurance Co. Vs. T.S. Venjaxi & Ors.)where such a liability has been fastened on the appellant Insurance Company by the Tribunal. Misc. Appeal No. 83 of 1985 (Mohanlal Vs. Baburao) is also by the owner of the vehicle and raises the same question. Because of the identity of issues, these 3 appeals are being decided by this order.

(2.) Sec. 92-A(l) of the Act which has given rise to the present controversy reads as under:-

(3.) While on the subject, Sub-section (5) of Sec. 95 of the Act may also be noticed which reads as under:-