ORIENTAL INSURANCE CO LTD Vs. NATHU RAM

JUDGEMENT

(1.) The claimant-respondent Nos. 1 to 4 preferred a claim petition before the Motor Accidents Claims Tribunal, Alwar, under section 166 of the Motor Vehicles Act, 1988 (hereinafter called, 'the Act'), for the alleged loss suffered by them on account of death of Taradevi, who died in the accident that took place on 16.3.96. Along with the claim petition, the claimants also filed an application under section 163-A of the Act, for interim compensation. In the claim petition, the claimants alleged that the accident took place due to negligence of the driver and owner of the motor cycle in question, which was insured with the petitioner insurance company. The learned Tribunal, vide its order dated 18.11.1996, awarded a compensation of Rs. 99,300 in favour of the claimants, as interim compensation, under section 163-A of the Act. Feeling aggrieved thereby, this writ petition has been preferred.

(2.) I have heard the arguments of both the sides.

(3.) The contention of learned counsel for the petitioner is that the learned Tribunal has no jurisdiction to award interim compensation under section 163-A of the Act. Sections 165 to 168 of the Act provide that a Motor Accidents Claims Tribunal is required to adjudicate upon the claim for compensation, in respect of the accident, involving death or bodily injury arising out of the use of the motor vehicle and/or damage to any property of the third party, on the basis of fault, negligence or any wrongful act of the owner or/and driver of the vehicle. For the purposes of such adjudication, it is required to hold an inquiry into the claim and to make award, determining the amount of compensation, which appears to be just. The liability to pay compensation would be of the owner, driver and insurer of the vehicle, as may be directed by the Tribunal.