NATIONAL INSURANCE COMPANY Vs. JAMNA BAI

JUDGEMENT

(1.) ALL these appeals are disposed of by one single order as identical questions are involved in all these cases. Three claim petitions were filed in respect of death of three persons under Section 110 -A of the Motor Vehicles Act, 1939. The claimants also, submitted an application under Section 92 -A of the Act for awarding interim compensation. Learned Tribunal awarded Rs. 15,000/ - each to the claimants in all the three petitions. Three appeals No. 98/1986, 100/1986, 199/87 have been filed by the National Insurance Company against the order of the tribunal in all the three cases. Appeal No. 198/87 has also been filed against an order passed by the tribunal which is covered by Appeal No. 100/1986.

(2.) LEARNED Counsel for the appellant submitted that in the insurance policy the labour, who died in the accident were not covered and as such even under no fault liability no compensation could have been awarded to the claimants. Learned Counsel for the appellant, however, conceded that in the policy the labour employed for the purpose of loading and unloading were covered under the policy. On the other band, Mr. Gupta, learned Counsel for the claimants submitted that Insurance Company is not entitled to raise any objection under Section 92 -A of the Act. Reliance is placed on Kanhaiya Lal v. Daya Ram and Ors. 1986 RLR 72 and Smt. Lata Jain v. Shri Shyam Lal and Ors. 1986 RLR 689.

(3.) IN view of these circumstances I find no force in these appeals and the same are dismissed. The Insurance Company, however, would be free to raise an objection in this regard during the course of final disposal of the claim petitions and in case the Insurance Company would be able to prove that the case is not covered under the policy itself then the liability would remain on the owner of the vehicle or not, shall be decided by the tribunal at the stage of deciding the claim petitions finally. The parties are left to bear their own costs.