BABBAN TIWARI Vs. USHA RANJAN CHAKRABORTY

JUDGEMENT

(1.) BY this judgment and order I propose to dispose of these two appeals filed Under Section 110-D of the Motor Vehicles Act 1939, for short 'the Act'.

(2.) CIVIL Misc. First Appeal No. 27 of 1985 is directed against the order dated 18-3-1985 passed by the learned Motor Accidents Claims Tribunal in case number Civil Misc. (M. Ace) 7 of 1983. An accident took place on the night of 14th/15th April, 1983, at Patichari, Udaipur, while the driver of the vehicle bearing registration No. TRL 2191 died. The legal representatives of the deceased driver filed an application Under Section 92-A claiming compensation of Rs 15,000/-. Notices were issued both on the owner of the vehicle, i.e., the appellant and the insurance company. Though it was urged that the insurance company is liable to pay the compensation Under Section 92-A of the Act, the learned Tribunal rejected the plea and made the owner of the vehicle liable to pay the compensation of Rs. 15,000/-. Hence this appeal.

(3.) IN both the appeals, the only question for consideration is whether in a proceeding Under Section 92-A of the Act the insurance company is a necessary party and whether the said section imposes any liability on the insurer to pay any compensation.