NATIONAL INSURANCE CO LTD Vs. LAYACHI DEVI

JUDGEMENT

(1.) AS in these cases a common question of law is involved, with consent of the parties they have been heard together and being disposed of by this common order.

(2.) THE only point to be decided in these appeals is as to whether Motor Vehicle Accident Claims Tribunal can direct the Insurance Company to pay interim compensation as contemplated under section 140 of the Motor Vehicle Act, 1988.

(3.) THE grievance of the counsel appearing on behalf of the Insurance Company in all the appeals is that under section 140 of the Act the Tribunal can only direct the owner of the respective vehicle to pay the compensation till final adjudication of the claim cases and no responsibility can be fastened on the Insurance Company. In support of their contention the learned counsel have relied on the decisions reported in 1995 B.B.C.J.419 and (1996)2 S.C.C.736.