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1993 Supreme(Pat) 419

S.B.SINHA, NARAYAN ROY
Oriental Insurance Company Limited – Appellant
Versus
Mohiuddin Kureshi Alias Md. Moya – Respondent


Judgment

S.B.Sinha, J.

1. This appeal has been referred by a learned single Judge of this court by order dated 20.8.1993 to a Division Bench, inter alia, for consideration of the following questions:

(i) Whether an appeal is maintainable against an order passed by the Accidents Claims Tribunal under Sec. 140 of the Motor Vehicles Act, 1988;

(ii) Whether the Tribunal can direct payment of interest while passing an order under Sec. 140 of the Motor Vehicles Act, 1988.

2. In view of the pure questions of law involved in this appeal, it is not necessary to notice the fact of the matter in a great detail.

3. It appears that respondent Nos. 1 to 6 filed an application in terms of Sec. 166 of the Motor Vehicles Act before the Judicial Commissioner, Ranchi, who has also been appointed as the Motor Accidents Claims Tribunal. By reason of the impugned order dated 4.4.1991, the learned Judicial Commissioner has directed the appellant to pay a sum of Rs. 25,000.00 by way of an ad interim compensation with an interest of 12 per cent per annum from the date of presentation of the petition within one month.

4. Mr. P.K. Bhowmik, learned counsel appearing on behalf of the appellant, has submitted th












































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