AI Structured Summary
Not yet generated for this judgment
Judgment
Milap Chandra J.
These miscellaneous appeals have been filed u/s 110-D of the Motor Vehicles Act (hereinafter referred to as the ''Act'') against the common order of the Motor Accident Claims Tribunal, Banswara dated January 4,1989 granting Rs. 15,000/- in each case u/s 92A of the Act The facts of the cases may be summarised thus.
Respondent-claimants filed petitions u/s HOB of the Act against Mansingh driver (respondent No. 3), Poonam Chand owner (respondent No. 4) and the Oriental Insurance Company (Appellant) with the allegations, in short, that the bus No. RSH1685, owned by Poonam Chand, was being driven by Mansingh driver on April 10,1988 in Khargoti valley. It was insured with the appellant-Company. It met with an accident at 3 p.m. on that day. It was being driven rashly and negligently by its driver Mansingh. Shankar, Panchu, Daludi, Mavji, Ramesh, Jeevli and Prabhu were sitting in it and they died. In each case, application u/s 92A of the Act was moved. After hearing the parties, the learned Tribunal awarded Rs. 15,000/- in each case by its common order dated January 4,1989 which has been challenged in these miscellaneous appeals.
It has been contended by the learned Counsel for the appellants that the order is wholly void and illegal, the Insurance Company is not liable, the driver was not holding valid licence, the bus was being plied in contravention of the conditions of the permit and it was over-loaded.
There is no force in any of these contentions. It has been held by this Court in Narendra Singh v. Oriental Fire and General Insurance Company, 1987 Accident Claims Journal 790, that the Insurance Company is liable to pay the amount awarded u/s 92A of the Act Various other decisions of this Court holding this view has been mentioned in para No. 7 of the decision.
At this stage, various defences open to the Insurance Company cannot be looked into. Order u/s 92A of the Act is of a summary nature. It does not contemplate any enquiry before passing an order under it. Reference of New India Assurance Co. Ltd. Vs. Minguel Correia and Others, Oriental Fire and General Insurance Company Ltd. Vs. Aleixo Fernandes and Others, : Oriental Insurance Co. Ltd. Vs. Sitla Parshad and Others, : 1982 A.C.J. 790 and 1987 A.C. J. 63 may be made here chapter VIIA of the Act has an overriding effect As such there is no force in these appeals.
Consequently, the appeals are summarily dismissed.