UNITED INDIA INSURANCE CO LTD Vs. VIJAYA SINGH

JUDGEMENT

(1.) THE insurer, the United India Insurance Co. Ltd. , has come up in appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') against an interim award dated 15. 7. 1988, passed under Section 92-A in Claim Case No. 360 of 1987 by the Member, Motor Accidents Claims Tribunal, Mhow-Indore.

(2.) MR. B. K. Samadani, learned Counsel for the appellant, raised a short submission that though the tractor was insured with the insurance company, but the trolley which was registered was not insured on which the deceased Dhansingh was sitting and by use of the said tractor and trolley on 5. 1. 1987 he died in a motor accident. Learned counsel contended that as the trolley was not insured, the Tribunal was not having any jurisdiction to pass an order under Section 92-A of the Act awarding Rs. 15,000/- as interim compensation.

(3.) MR. Kishore Gupta, learned Counsel for the respondents, contended that the Tribunal after holding a prima facie enquiry has come to a finding that the insurance company is liable to pay Rs. 15,000/- under Section 92-A of the Act, on the basis of the first information report, post-mortem report, challan filed by the police against the driver and the affidavit of the claimant No. 1. On a prima facie enquiry the Tribunal found that the deceased was sitting on the tractor and not on the trolley. Alternatively, learned Counsel contended that even if it is found that the deceased met with an accident when he was sitting in the trolley and the said trolley is not insured, in that case too the insurance company is bound to pay the amount of compensation under interim award, which it can realise from the owner of the vehicle after the decision of the Tribunal. Learned counsel placed reliance on a decision of this court in Hafiz Mohammad Umar v. Kalloo 1987 (II) MPWN Note 160. Learned counsel for the respondents also contended that if the amount of compensation under the interim award has not been paid in a reasonable time, the claimants-respondents are entitled for interest.