U.L.BHAT, M.V.TAMASKAR, RAJEEV GUPTA
Oriental Insurance Co. Ltd. – Appellant
Versus
Annamma Abrahim – Respondent
U.L. Bhat, C.J. -- 1. The insurer of a vehicle involved in an accident is the appellant therein. The legal representatives of a person who sustained fatal injuries in an accident involving the vehicle insured by the appellant filed an application before the M.A.C.T. and also prayed for compensation arising from ‘no-fault liability' under section 92-A of the Motor Vehicles Act, 1939. The insurer admitted that the vehicle was covered by policy at the relevant time but disputed the liability on the basis of a condition of the policy excluding liability if the accident takes place beyond 80 Kilometers from Jabalpur. The Tribunal overruled this contention and awarded compensation under Sec. 92-A of the Act.
2. The Insurer challenged this award before this Court and the learned Single Judge dismissed the appeal. Hence, this Letters Patent Appeal. The matter has been referred to Full Bench in view of doubt about the maintainability of L.P.A. In The Oriental Insurance Company v. Chintaman and other (C.R. No. 602 of 1992) connected cases, a Full bench of five Judges of this Court has held that a decision under section 140 of the Motor Vehicles Act 1988 (corresponding section 92-A o
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