NARESH KUMAR Vs. MANMATI

JUDGEMENT

(1.) THIS appeal is directed against the interim award dated 3.5.1995 passed by the Second Additional Motor Accidents Claim Tribunal, Bilaspur in Claim Case No. 28/90 awarding interim compensation of Rs. 15,000/-to the claimant/respondent No. 1 by holding the appellant/owner of the vehicle alone liable for payment of compensation. The respondent No. 2/United India Insurance Co. Ltd. has been exonerated from the liability on account of the breach of the terms of the Insurance Policy.

(2.) IT is well settled that while deciding an application under Section 140 of the Motor Vehicles Act, 1988, the Claims Tribunal is not required to consider the defence set up by the Insurance Company. What is required to be established by the claimant is that there was an accident which resulted in the death or permanent disability to the claimants.