1. Arguments were heard regarding the maintainability of these petitions against the interim award passed by the Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal) in claim petitions presented before it.

2. Sec. 92-A the Motor Vehicles Act (hereinafter referred to as the Act) makes a provision that where the death or permanent disablement of any person results out of an accident, the owner of the vehicle shall he liable to pay compensation in respect of such death or disablement. According to sub-sec. (3) of Sec. 92-A of the Act, claimant is not required to plead or establish that the death or disablement in respect of which claim has been made was due to any wrongful act, neglect or default of owner or owners of the vehicle and such claim for compensation shall not be defeated by the reason of any wrongful act, neglect or default of person in respect of whose death the claim has been preferred nor shall the quantum of compensation recoverable in respect of such death or disablement be reduced on the basis of the share of such person in the responsibility of such death or permanent disablement. Sec. 92-B of the Act provides the right to claim such compensatio

Click Here to Read the rest of this document