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1988 Supreme(Del) 362

M.K.CHAWLA
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
N. P. TYAGI – Respondent


Advocates Appeared:
J.R.MIDHA, N.K.Sangle

M. K. Chawla,j.

( 1 ) BY this order, I purpose to dispose of four connected appeals bearing Nos. F. A. O. 52/88 to F. A. O. 55/88, filed by New India Assurance Company Limited, against the respondents m the respective appeals, as common questions of law and fact arise for determination. The appellant has challenged the correctness of the order of the Motor Accidents Claims Tribunal dated 9-11-1987 whereby the appellant herein was directed to pay the interim compensation of Rs. 15,000. 00 under Section 92-A of the Motor Vehicles Act to the respondents in the appeals. The submission of the learned counsel for the appellant is that an order under Section 92a of the Motor Vehicles Act cannot be passed unless and until the owner of the offending vehicle admits the accident with the other vehicle. His alternative plea is that assuming for the sake of arguments that such an order can be passed, then in that case Shri Subhash Chand, the transferee of the vehicle insured with the company, be made liable to pay and not the insurance company.

( 2 ). I do not find any substance in the arguments of the learned counsel for the appellant, Shri Prem Kumar was the registered owner of truck/tempo No



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