PRADIP KUMAR SAVASORIA Vs. SRIMATI KATARINA MARAK

JUDGEMENT

(1.) THE learned Member, Motor Accident Claim Tribunal, Shillong directed the appellant by order dated 26-8-1985, in Misc. Case No. 32 of 1985 (M.A.C. Case No. 85/1985), to pay the interim relief of Rs. 15,000.00 under Section 92-A of the Motor Vehicle Act. Hence this appeal by the appellant, owner of the Truck No. ASO 3511 which caused the accident resulting death of Shrimati Ajona Marak.

(2.) THE ground for appeal is that the vehicle was insured with the respondent No. 3, the Oriental Fire and General Insurance Company Ltd. at the relevant time of accident and so, the respondent No. 3 was liable to pay the interim relief under Section 92-A of the Motor Vehicle Act.

(3.) THE policy certificate in question of the vehicle Truck No. ASG 3511 has been produced before this Court and perused. The policy certificate discloses that the vehicle of appellant Sri Pradip Kumar Savasaria was insured on 13-2-1984 for one year ending on 12-2-1985 with the Respondent No. 3. The accident occurred on 22-3-1984. Thus, on the date of accident, the insurance policy was current in the name of the owner of the vehicle No. ASG 3511. These facts have not been disputed by the learned Counsel Mr. D. Das for the respondent No. 3. Mr. Das also does not controvert the submissions of Dr. Sarma with regard to provisions of law in the matter of interim compensation under Section 92-A of the Motor Vehicle Act in the decisions referred.