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1999 Supreme(Ori) 133

ARIJIT PASAYAT, P.K.MISRA, B.P.DAS
NEW INDIA ASSURANCE CO. LIMITED – Appellant
Versus
DINANATH AGRAWALLA – Respondent


Advocates Appeared:
A.K.CHOUDHARY, A.K.Mishra, A.R.DAS, B.K.MISHRA, B.Routray, K.B.KAR, M.Sinha, P.P.MISHRA, P.ROY, S.LATIFF, S.N.KARNIK, S.P.Misra, S.RAY

A. PASAYAT, A. C. J.

( 1 ) AS there was divergence in view, the matter has been referred to larger Bench and following questions have been referred for opinion:- (a) Whether the Tribunal has power to allow interest on the compensation awarded under Section 92-A of the Act in view of amendment to Section 110 CC of the Amending Act 47 of 1982? and (b) Whether the liability under Section 92-A can be saddled on the insurer even in a case where that liability other than a statutory liability is not covered by the policy of insurance?

( 2 ) THE matter was under consideration in an appeal under Letters Patent arising out of an appeal against order of a learned single Judge dealing with scope and ambit of Section 92-A of the Motor Vehicles Act, 1939 (in short, the 'act' ). Factual aspects need to be noted in brief. Facts as noticed by the learned single Judge and the Division Bench are as follows:-On 16-9-1983, jeep bearing registration number OSS 6481 was proceeding from Bargarh to Paikmal. After crossing Padampur, at about 9 a. m. the vehicle dashed against a bridge as a result of which, it fell into a Nala underneath. Deceased Jagdish Prasad and witnesses (PWs. 5 and 11) were occupants









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