K.M.AGRAWAL
New India Assurance Co. Ltd. – Appellant
Versus
Kamar Jahan And Ors. – Respondent
K.M. Agarwal, J.
1. This miscellaneous appeal by the New India Assurance Co. Ltd. is directed against an interim award of Rs. 15,000/- made by the Claims Tribunal under Section 92-A of the Motor Vehicles Act, 1939, (in short, the 'old Act').
2. It is not in dispute that on 3.5.1982, there was a collision between one Matador No. MTR 3831 and truck No. CPH 775 and as a result of that one Nasiruddin, the driver of Matador, died. The Matador was owned by the respondent No. 9, Dr. Kailash Agarwal and insured with the appellant New India Assurance Co. Ltd. As against this, the truck was owned by the respondent No. 8, Jagannath Gupta, driven by the respondent No. 7, Latoori Singh and insured with the respondent No. 6, National Insurance Co. Ltd. It is not disputed before me that after the death of Nasiruddin, the driver of ill-fated Matador, his legal representatives made an application for compensation under the provisions of Workmen's Compensation Act, 1923, and also obtained compensation under that Act. The legal representatives of the deceased Nasiruddin also filed an application for compensation before the Motor Accidents Claims Tribunal. They also filed an application under Se
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