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1992 Supreme(MP) 36

R.K.VERMA
United India Insurance Co. Ltd. – Appellant
Versus
Jhamku Bai – Respondent


JUDGMENT

R.K. Verma, J.

1. This is an appeal filed by the appellant insurance company against the interim award dated 15.3.1991 made by Jhabua, in Claim Case No. 85 of 1990 whereby an interim compensation of Rs. 25,000/- has been awarded under the Motor Vehicles Act, 1988, on the principle of no fault liability'to the claimant, Jhamku Bai, mother of the deceased minor Ravindra Kumar who died as a result of motor accident in which the offending tractor, which stood insured for third party risk with the appellant insurance company, is involved.

2. The interim award under appeal has been challenged by the appellant insurance company on two grounds. The first ground of challenge is that since the motor accident in question resulting in the death of deceased took place on 15.3.1989 when the new Motor Vehicles Act of 1988 had not come into force and the provisions of the old the Motor Accidents Claims Tribunal, Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') were applicable to the claim in question, the learned Tribunal committed a legal error in awarding Rs. 25,000/- as interim compensation under Section 140 of the new Act. The interim compensation should have been awarded











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