NEW INDIA ASSURANCE CO. LTD Vs. BHAJNOO

JUDGEMENT

(1.) BY this common judgment and order we dispose of three appeals, namely, F.A.O. (MVA) No. 326 of 1993 and F.A.O. (MVA) Nos. 5 and 7 of 1994 as the point involved in all the appeals is the same. The appeals have been filed by the insurance company being aggrieved by the award, by which the insurance company was saddled with no fault liability under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) ALL the appeals have been filed against the common award of the Motor Accidents Claims Tribunal-I, Sirmaur at Nahan, dated 1.9.1993, passed in M.A.C. Petition Nos. 51-N/2, 48-N/2, 4/-N/2, 49-N/2 and 50-N/2 of 1990. By this judgment, the Motor Accidents Claims Tribunal elubbed together all the claim petitions.

(3.) THE short point to be decided is whether this direction of awarding interim compensation under Section 140 of the Act against the insurance company is legally valid or not.