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1990 Supreme(MP) 99

S.K.SETH
NATIONAL INSURANCE CO. , JABALPUR – Appellant
Versus
SADHELAL – Respondent


Advocates Appeared:
Lalwani, P.D.PATHAK

S. K. SETH, J.

( 1 ) THE claimant-respondent No. 1's wife and daughter were stated to have died in a motor accident. In the claim for compensation made by the claimant-respondent No. 1, the respondent No. 2 was joined as the owner and the appellant was joined as the insurer of the vehicle. During the pendency of the proceedings, the Tribunal, vide its order dt. 24-4-89, directed the respondent No. 2 and the appellant jointly to pay an amount of Rs. 30,000/- to the claimant-respondent No. 1 as interim compensation for the two deaths under S. 92-A of the Motor Vehicles Act. It is being aggrieved by the said order, that the insurer-appellant has filed the present Misc. Appeal in this Court.

( 2 ) NOW, it is not in dispute that the claimant-respondent No. 1's wife and daughter died in a motor accident. It is also not in dispute that the respondent No. 2 was the owner of the vehicle which was involved in the accident. In the said circumstances, the liability of an owner to pay interim compensation under S. 92-A of the Motor Vehicles Act being a no fault liability, no mistake could be found with the Tribunal having held the respondent No. 2 liable to pay compensation under the said provis









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