T.N.SINGH
NEW INDIA ASSURANCE CO – Appellant
Versus
PHOOLWATI – Respondent
( 1 ) NARAYAN lost his life two years ago while commuting in a motor vehicle. This happened in the City of Gwalior, where the easy and convenient mode of public transport is the veritable "tempo". He was sitting by the side of the driver. The accident occurred when his Tempo' (Registration No. M. P. G. 7094) dashed against another Tempo (Registration No. M. P. G. 9848) which, according to the appellants, was stationary.
( 2 ) AN application under S. 92-A of the Motor Vehicles Act, 1939, for short, the 'act', for instant relief was filed by the dependents of Narayan, - his widow, his mother and his minor son, aged 9 years. In the petition, the persons impleaded as opposite parties were the driver and the owner of the Tempo bearing Registration No. M. P. G. 9848 and also the concerned Insurance Company. Objections were filed by all, contesting their liability, but without success. Learned Member, Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal') allowed the petition, passing an award of Rs. 15,000/-, which amount is statutorily fixed, and directed the same to be paid within one month. This was done on 15-2-1985, though the application was filed
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