Jammu & Kashmir High Court
Oriental Fire And General Insurance Co. vs Maya Devi And Ors. on 28 April, 1987
Equivalent citations: [1990]68COMPCAS635(NULL)
JUDGMENT
1. Heard on the question of admission.
2. This is a well-settled law that an appeal is a statutory right which cannot be granted to any aggrieved party unless there is a specific provision under the statute for filing an appeal. The appellant herein is aggrieved against the order passed by the Motor Accidents Claims Tribunal, Jamrnu, on October 17, 1986, granting interim relief to the respondents, the survivors of the deceased, Ram Lal, under Section 92A of the Motor Vehicles Act (for short, hereinafter called "the Act"). Any order passed under this section is not appealable under Section 110D of the Act.
3. Section 92A of the Act is a piece of beneficial legislation which requires a liberal interpretation meant for interim relief of "no fault" liability to the survivors of the deceased who dies in an accident caused by motor vehicles. The object of the section cannot be defeated on hypertechnicalitics.
4. In the instant case, since the interim relief is granted in favour of the respondents under Section 92A of the Act imposing liability on the appellant-insurance company as well, the appellant cannot be heard to make a grievance of the interim order passed by the Motor Accidents Claims Tribunal, Jammu, particularly when it is not disputed that the deceased, Ram Lal, died as a result of an accident caused by the tractor, which was insured at the relevant time with the appellant-company. This court in Civil Miscellaneous Appeal No. 74 of 1986 have also held the same view, with which we do not find any ground to differ.
5. For the reasons stated hereinabove, we do not find any merit in the appeal warranting admission. It is hereby dismissed in limine and so also Civil Miscellaneous Petition No. 5 of 1987.