DALIP SINGH, J. - (1.) BOTH these appeals have been filed by the appellants against the award dated 5.5.2000 passed by the Judge, Motor Accident Claims Tribunal, Tonk in MACT Case Nos. 373/1998 and 375/1998 in the matter of award of compensation at the interim stage on the basis of no fault liability under Section 140 of the Motor Vehicles Act, 1988 and raise a common question and arise out of the same accident. Hence, they are being decided together.
(2.) THE submission of the learned Counsel for the appellants is that it was not open to the learned Tribunal at the interim stage without any evidence having been led by the parties prima facie to come to a conclusion and exonerated the Insurance Company from the liability to pay compensation and hold only as the owner and driver liable to pay the amount under no fault liability under Section 140 of the M.V. Act, 1988. The other submission of the learned Counsel for the appellants is that at the stage of determination of the no fault liability it is not open to the Tribunal to go into the said question and the liability should have been joint and several of all the respondents subject to the final decision in the claim petition. Learned Counsel appearing on behalf of the Insurance Company has submitted that the Tribunal on the basis of the material placed before it including (he policy and driving licence came to the conclusion that the driver of the vehicle did not possess the valid licence, therefore, there is a breach of conditions of the policy and the respondent Insurance Company was entitled to avoid the liability on that account. In rejoinder, learned Counsel for the appellants has submitted that these questions are not to be considered at the stage of determination of the no fault liability under the Act, and even assuming that it is so, then as per the decision of the National Insurance Co. v. Baljeet Kaur : AIR2004SC1340 and the fact that the accident had occurred after November, 1994 i.e., after the amendment of the Motor Vehicles Act, 1988 made w.e.f. the date 14.11.1994 by which Section 147 of the said Act was amended by the Legislature even in the case of passenger accompanying his goods in the goods vehicle, the Insurance Company has been held to be liable and in that view of the matter and also in the light of the judgment of the Hon'ble Supreme Court rendered in the case of National Insurance Co. Ltd. v. Swam Singh and Ors. : 2000(8)SCALE412 , it was not open to the learned Tribunal to have totally exonerated the Insurance Company.
(3.) I have considered the rival submissions made at the Bar. In view of the fact that the claim itself, is pending before the Tribunal, I do not propose to decide these questions at this juncture and it may affect the final outcome of the trial. However, it is directed that the interim award dated 5.5.2000 is modified to the extent that the liability to pay the interim compensation under Section 140 of the Act, is made joint and several between all the respondents. It is made clear that in case of the main claim petition on being decided finally it is held that the Insurance Company is not liable to pay the amount of compensation, it is open to the Insurance Company to recover the amount so paid by it under the award from the respondents owner and the driver in the claim petition. These appeals are disposed of accordingly. There shall be no order as to costs.;