Order

S.L.P.(C) No. 12511/91

Leave granted.

2. Respondent 1 to 4 filed a claim petition before the Motor Accident Claims Tribunal, Khandwa against respondents 5, 6 and the appellant herein - New India Assurance Co. Ltd. The claim petition arose out of an accident which took place at 10.00 AM on 16.4.1987. Bus No. CPO-9104, owned by respondent No. 5 and driven by respondent No. 6 was involved in that accident in which one Smt. Salta Bai suffered fatal in­juries. The Motor Accident Claims Tribunal vide order dated 22.9.1990 opined that the bus in question was insured with the appellant-Insurance Company for the period 16.4.1987 to 15.4.1988 (both days inclusive) and, thus, the owner (respondent No. 5) as well as the Insurance Company (appellant herein) were liable under the provisions of Section 92-A of the Motor Vehicles Act (hereinafter the Act). An amount of Rs. 15,000/- was accordingly directed to be paid as ad-interim compensation to respondents 1 to 4 under Section 92-A of the Act. The order of the Motor Accident Claims Tribunal was put in issue and a first appeal was filed in the High Court of M.P. at Jabalpur. On 11th March, 1991, a learned Single Judge of the High Court relyin