LAWS(MPH)-1987-12-26

SHASTRI BROTHERS Vs. PARWATIBAI JAIN

Decided On December 03, 1987
Shastri Brothers Appellant
V/S
Parwatibai Jain Respondents

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred, to as the Act), is filed by the non-applicant bus-owner against an interim award dated 9-3-84 whereby the Motor Accident Claims Tribunal, Balaghat in exercise of its jurisdiction under Section 92-A of the Act passed an interim award of Rs. 15000/-against the appellant.

(2.) THE short point involved in this appeal is whether the liability to pay interim compensation under Section 92-A of the Act includes the owner of the vehicle alone or it also includes the insurer of the vehicle jointly and severally ?

(3.) THE Motor Accident Claims Tribunal, Balaghat (hereinafter referred to as the 'Tribunal') by the impugned order granted an interim award under Section 92-A of the Act for a sum of Rs. 15000/- directing the appellant to pay the said amount to the claimants who are the legal heirs of late Chandra Kumar, against which the present appeal has been filed by the appellant, the owner of the bus.