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1990 Supreme(MP) 101

S.K.SETH
National Insurance Co. Ltd. – Appellant
Versus
Savitri Bai Alias Vaishakhia Bai – Respondent


JUDGMENT

S.K. Seth, J.

1. One Santaram Satnami was stated to have died in a motor accident. In the claim for compensation made by the claimant-respondent Nos, 1 to 3, the respondent No. 4 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 dated 24.4.1989, directed the respondent No. 4 and the appellant jointly to pay an amount of Rs. 15,000/- to the claimants-respondents as interim compensation for the death of Santaram under Section 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 Santaram had died as a result of a motor accident and that the claimant-respondent Nos. 1 to 3 were his legal representatives. It is also not in dispute that the respondent No. 4 was the owner of the vehicle which was involved in the accident. In these circumstances, the liability of an owner to pay interim compensation under Section 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. 4 liable






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